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New York - Divorce, Child support, maintenance and prorated amounts. I need some advise. I pay child support and maintenance 100% on time and the full amount. My ex also wants me to pay for daycare when she is working. the prorated amount, which is 82%. Not sure how much she is making now. The problem I have is that I can't afford it. Living paycheck to paycheck as it is now. She takes home more of my pay than I do. I can't afford to do anything with my two sons when I have them and just grocery shopping for them is a struggle. My Ex also lives in the house I bought and does not pay rent or mortgage. She covers utilities and repairs if needed. My question - What will happen if I don't pay prorated requirements? I would be in contempt. Will the courts basically order me to pay, which in turn will have a ripple effect of loss of apartment, car and ultimately my job, since I will not be able to get to it? Can't reason with her. She's vindictive.
2 ANSWERS
If you don't pay as ordered by the court or as stipulated in a settlement you can be held in contempt. You may be able to file a petition for a modification - consult a local attorney and discuss the situation in detail.
Answered on Oct 19th, 2014 at 1:23 PM
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If you don't comply with your divorce judgment, she most likely will file a violation, which can result in contempt or even jail. If you cannot afford to pay, then make it clear to her that she needs to find cheaper childcare and that you do not consent to the care she has because you cannot afford it. You should also file a petition for downward modification. You can do this in the Family Court.
If you really need more advice, talk to a lawyer about your options.
Answered on Oct 14th, 2014 at 6:39 AM