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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Oct 05
2008

Ask a Lawyer: I'm not a deadbeat dad!

Posted by: Dads Divorce

Question:

I am desperate! My divorce was in Ohio, but I currently live in New York. My child support payments were based on my salary at the time of the divorce. My problem is that my salary was decreased considerably since then and I am struggling to make my child support payments. 

 

Child Support Services has taken my tax returns and cleaned out my bank accounts to bring me current. It is all due to payments I made personally to my ex-wife when we were first divorced, that were not accounted for by CSS. She has refused to tell CSS that those payments were made even though we signed a notorized letter stating such. She never mailed it to CSS. As a result I have been unable to catch up my monthly payments since. I have accumulated a large credit card debt trying to borrow against my cards to make my monthly payments. Is there anything I can do to fix this mess? I don't want to have to go to court and cause any more distress on my children. The divorce was hard enough.

Answer:

I believe that you need to file a Motion to Modify Child Support and a Motion to Determine Sums Due and Owing. The equivalent agency to CSS in my jurisdiction will not look beyond their guidelines to your view your specific situation.
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