Property TAX idea

[reagantrooper]

Brief history had split custady for the last 6 years son with me Daughter with her. Be paying her about $300/mo. Son is now a 19YO HS grad, in the reserves, has a full time job and taking a few classes. X has filed for a CS MOD acording to NH guidelines my CS will go up by about %300.

I am going to ask the court to deduct my yearly property amount from my income that he looks at for my CS obligation. It is quite outragious $4900/year =$95/week thats aprox %10 of gross pay. The way I see it, no the way it is is this is NOT a volintary expence/debt and should be treeted the same as income tax.If the tax is not paid then the home goes away ! FYI my daughter does have her own room with all that one would expect to find in a 10 year olds room and this space must be maintained and does not go away when my girl goes back to her mom. Anyone ever hear of this or try this if so did it work? It makes perfect since to me!

Any other thoughts on how to stop this giant CS increase?

THANKS

[joni]

What's the worse they could say?  No?  Let us know how it goes for you.

[norma]

modification based on what? is there a need on her part? give more history. you can fill out financial disclosures that state how much money you have in expenses at present. both parents should fill that out. but in NY, if wages are being garnished for CS, the custodial parent is only entitled to a standard of living increase every few years based on need. give more history.

[reagantrooper]

Norma
The CS mod was filed based on the fact that our son is now an "Adult" therfore we no longer have split custady. The existing CS order was based on 1 child with me and one with her.  Since I am no longer a CP I have more $$$ to pay her! The way it sounds and based on the NH guideline for1 child and  my income the current CS order will increase by damn near %300. I did post a more indept thread  the other week!

[VeronicaGia]

>Brief history had split custady for the last 6 years son with
>me Daughter with her. Be paying her about $300/mo. Son is now
>a 19YO HS grad, in the reserves, has a full time job and
>taking a few classes. X has filed for a CS MOD acording to NH
>guidelines my CS will go up by about %300.
>
>I am going to ask the court to deduct my yearly property
>amount from my income that he looks at for my CS obligation.
>It is quite outragious $4900/year =$95/week thats aprox %10 of
>gross pay. The way I see it, no the way it is is this is NOT a
>volintary expence/debt and should be treeted the same as
>income tax.

**Yes it is voluntary.  You don't have to own property.  You could rent an apartment.  It won't fly.

If the tax is not paid then the home goes away !

**The judge won't care.  The judge won't care if you live in a cardboard box.  You know that!!!

>FYI my daughter does have her own room with all that one would
>expect to find in a 10 year olds room and this space must be
>maintained and does not go away when my girl goes back to her
>mom. Anyone ever hear of this or try this if so did it work?
>It makes perfect since to me!

**Lots of kids sleep on couches.  Unless your state has a law that a child must have his or her own room during visitation, it won't fly.
>
>Any other thoughts on how to stop this giant CS increase?
>
>THANKS

**Keep fighting the good fight.  Can you still claim the older child as a deduction?  Are you still supporting that child?  Can you prove it?  I doubt it will work, but that's another avenue.  Also, if yours is a shared income state, increase your court ordered visitation and/or custody.
>

[norma]

If your original CS order was written in a divorce decree, it still stands. The CP cannot just ask to change the order if there is no need (financial need for an increase). You should still have to pay her the $300 a month. If there has been a change in circumstance that warrants an increase, that's different. If her income has gone down substantially or she was fired from her job, things like that. You need to bring your divorce decree to the court and show them what the order is. Was there a provision in the original CS provision that stated what would happen when your son reached the age of 18 and became self-sufficient? If so, that changes things. You need to read the original order.

[norma]

Furthermore, in NYS emancipation does not automatically occur at the age of 18. It is 21 and if the child is attending college - their not considered emancipated. Is your son still living with you or has he moved out and gotten his own place altogether?