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Report: #385883

Complaint Review: Suffolk County Family Court/magistrate Orlando - Central Islip New York

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  • Reported By: east setauket New York
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  • Suffolk County Family Court/magistrate Orlando 400 Carleton Ave Central Islip, New York U.S.A.

Suffolk County Family Court/magistrate Orlando moms get same amnt of support from ex spouses makng 80,000/yr as 500,000/yr Central Islip New York

*Consumer Comment: You are not 100% correct..

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I went to Family Court in Suffolk for immediate financial relief when my abusive husband was removed from the home after threatening my daughter. I assumed that they would order 25% (the standard in NY)of his income on the books which is over 150,000/yr. I have been a stay at home mom for 12 years, so I had no income, and he took all of the money from the bank. Also, had my kids and I evicted from our rental home (he decided to stop paying rent) The magistrate dragged my case out for 4 months. I since got 2 jobs, and Catholic Charities helped me get into a smaller rental home. The magistrate insulted me, demeaned me, made me feel like some con artist when I never got any help from welfare, I did what I thought was right and went to court, while working to keep my kids fed.
She comes back with the decision that 355/wk is enough. She capped his income at 80,000, and my kids are being supported by 25% of that, after FICA is deducted. In addition, I am responsible for 20% of medical expenses, child care, and sports for the kids. I have never seen such injustice in my life. If I had a career that would be one thing. If I was just wanting freedom, I could understand. The man abused me for years, and I had enough. By threatening my daughter I knew it was time for him to go. I am now being evicted from my new rental, because I only make 14.00/hr, and cant afford it. I am stuck with a high car pymt because he ruined my credit and I needed reliable transportation to get to work. It is being reviewed by the courts because I threatened that newsday was going to hear about this. I think Long Island needs to come together and force these judges to make these abusers pay. Make them financially suffer. He has all new furniture, new clothes, 60"plasma tv, while we have peoples garbage for furniture, rags for clothing, no computer, I could go on...My point is, the only one punished by suffolk county court magistrate is my children.

Lslaw
east setauket, New York
U.S.A.

This report was posted on Ripoff Report on 10/29/2008 06:38 AM and is a permanent record located here: https://www.ripoffreport.com/reports/suffolk-county-family-courtmagistrate-orlando/central-islip-new-york-11720/suffolk-county-family-courtmagistrate-orlando-moms-get-same-amnt-of-support-from-ex-spous-385883. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

You are not 100% correct..

AUTHOR: Jennifer - (U.S.A.)

POSTED: Wednesday, October 29, 2008

NYS Child Support for one child is 17% of the combined income of both parents. Each parent pays a pro-rata share based on their income minus a few items like FICA. Simply put:

He makes $100,000 after deductions(I'm just throwing this figure out)
You make $50,000 after deductions

Combined Income is $150,000

Child Support - 1 child @ 17% = $25,500

His share of the child support is 2/3, $17,000 per year or $327 per week
Your share of the child support is 1/2, $8500 per year or $164 per week

Even though you are the custodial parent you are still responsible to pay some of the support for your child. Even if you didn't work, he still would only pay the $327 per week.

So you see, the judge is basing his child support on more than $80,000 because $80,000 would result in his only paying $209 per week. Somehow he is calculating it on about $110,000 per year. I don't know what deductions he allowed but FICA and certain other taxes can be deducted. The judge has the discretion, under NYS law to only consider the first $80,000 or he can consider any amount above that as he or she sees fit.

If you think this is wrong and he didn't supply the proper paperwork you can apply for a upward modification.

One question. Did you have a lawyer? He or she should have explained all this to you and fought for more.

Disclaimer..I am not a lawyer, just familiar with NYS Child Support guidelines.

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