Legal Question in Family Law in New York
Child Support-Multiple orders & Poverty guidelines
I need help. I do not qualify for legal aid due to my gross income, however after taxes and child support(orders not related to the child I am about to attend court for) are taken I am left with $301.24 weekly for a house of 3 people. I also have mandatory wage deductions for court ordered medical insurance of $68.23 weekly and my vehicle expenses are $101.50 weekly when I figure in gas, insurance, and maintenance. After medical and vehicle expenses are subtracted I am left with $131.51 for rent, food clothes and any other expenses. This is barely survivable and my son who lives with me has to be driven to therapy every week for his disability. I do not qualify for food stamp assistance from the state. Is there some state limitation that I am missing? I have to attend court with just three weeks notice.
1 Answer from Attorneys
Re: Child Support-Multiple orders & Poverty guidelines
Write an outline of your case in prep for court.
Present your case to the Court, with your income and expense proofs.
Highlight the needs of all your children and your need and habit of providing for them, before and w/o court involvement. Ask the Court to use the "household" income formula/comparison.(Which is appropriate in cases of siblings living in different households), rather that the "straight" percentage application.
You might also argue that full application of CSSA @ would be "inappropriate, inequitable, etc.," in light of ALL of the circumstances. Which, Circumstances may include and are not limited to your attentiveness and day to day involvement, as a parent, and the children's needs, for your presence in their lives.
Indicate Your inability to acquire a second income to fill the cap, and the demands of your children, and so forth, under the present demands.
Consider that Your child/children might be eligible for state/county public "medical coverage" w/o high cost to you. Which might reduce your insurance burden. Investigate and ask the Court to appply, as may be appropriate.
Good luck,
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