My husband and his ex have joint custody what are the chances of getting child support eliminated?
Buffalo, NY
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Posted about 1 month ago in Child Support
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My husband and his ex have joint custody of his daughter. They have split week custody with no one having residential. We are still paying the same amount of child support as we were when we only had his daughter every other weekend. Is there any chance of us getting this reduced or eliminated. his ex does not work she collects child support from 4 fathers for a living. She refused to even sign her over to us for our taxes. I know it is about the childs well being but what about my family that is struggling because we are paying her an ridiculous amount of child support every week. More than half of my husband's check goes to his ex.
Help i am not sure what legal rights we have or what we should do about it - Is this your question? Add additional information Answers (1)Ronald Anthony Sarno
This attorney is licensed in New York and 1 other state.
Posted about 1 month ago.
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You can certainly try to reduce the child support, and have her sign over the tax dependency status. This means hiring a family lawyer and trying to get the court to see that since there are more overnights with the father than before there should be less payments. From past experieence I anticipate the mother will fight very vigorously to keep the money the same, or even have it increased. Her children with other men is not an issue for the court. The court considers the best interest of the child, and the ability of the father to pay, NOT that the mother has made a career of getting child support. Keep in mind that these applications are never easy for the father, and there is always the possibility the court will rule in favor of the child's mother.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..………………………….. Divorce in General and How It's Handled in New Jersey Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong) US law on parental kidnapping: Please see 28 USC s. 1738…………………… LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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