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OSS Moved out of BM's and into his Paternal Uncle and his Partner's house 40 miles away LEGAL EAGLES NEEDED

thinkthrice's picture

OSS (will be 18 first week of October) posted on FB that he is now living with his Paternal Uncle and his partner. This is NYS so CS goes to 21 by default, however, he posts he has a job, the BM confirms that he did indeed move out a month ago and his two "uncles" confirm it as well.

Of course Chef knows none of this since there has been zero contact for years. OSS PASed out around 12 years old.

I printed out the FB pages showing that he did indeed move (he posted "moved to [mid-sized city] on August 12th")

And of course the BM would never say anything about the move if she knew it jeopardized her whopping CS payment of $1,000 each month.

Legal Eagles feel free to respond.

Comments

Flying.Purple.Step.Monster's picture

I'm not a legal eagle but I believe you can have the CS changed so it goes to the Uncles instead? No way would I want her to keep getting it if he's not living there.

thinkthrice's picture

Well the Uncle played a significant role in the PAS campaign. He sided with the BM oddly enough. I think what is happening is that BM is giving him a share of the CS.

Plenty of nearby colleges but OSS did have a 1.7 GPA in HS. He would have bragged about going to community college, which he didn't.

Side note: OSS is a pot fiend and the Uncles have been known to have "parties with minors."

thinkthrice's picture

BTW, Chef still has two younger kids (SD stb 16 who looks like she'll getting preggers any day now) and ne'er do well YSS stb 12 (the kid who shit all over my house on purpose when he was stb 7)

thinkthrice's picture

"you can also sometimes get CS stopped if the child has no relationship with the NCP."

That's not what I've heard. They tell you that visitation and CS are not related in any way, shape or form and that no matter what, you have to pay CS if CS denies access (which she has for many, many years and Chef has just given up)

thinkthrice's picture

Ok I just read the CO:

The non-custodial parent's child support obligations shall cease upon each child's attainment of an Emancipation Event, which shall occur or be deemed to have occurred upon the earliest happening of ANY of the following:

3. "permanent residence away from the residence of either parent. Residence at boarding school, camp or college is not to be deemd as residence away from the residence of either parent and, hence such residence at a boarding school, camp or college is not an Emancipation Event."

thinkthrice's picture

That would NEVER happen in my case. Not to be a jerk, but the name "Perez" sets off red flags. Seems in NYS at least, there is a lower bar of expectation for custodial dads who happen to NOT be of WASP origin.

Chef is as WASP as they come and there's no way that the BM would give up her whopping CS aka bi-annual vacay money.

thinkthrice's picture

Having worked for several gov't agencies I can tell you that CS and CPS go for the "low hanging fruit"

Those two cases must have been one in a million.

I can also say that when trying to get CS from my 2nd husband, who happened to be African American, the CS agencies just rolled over and gave up while they did keep on the tail of my first husband who is WASP. Just anectdotal but I saw it repeated in several agencies that I worked for.

Disneyfan's picture

DF's BIL just had CS dropped in July. Not only did the judge close the case, but he ordered BM to pay the CS she should not have received. (We're in Brooklyn)

His daughter (19) is pregnant and has been living with her boyfriend andvworking full time for about a year. Both BM and the daughter refused to drop the CS order.

He didn't use a lawyer, so it didn't cost him anything (other than missing a day from work to go to court) to have this done.

Disneyfan's picture

Will dad actually take the steps needed to end CS? All the evidence in the world means nothing if dad refuses to act on it.

thinkthrice's picture

Chef is still paying for DAYCARE on a stb 18 yr old, a stb 16 year old and a stb 12 year old! I'm pretty sure he won't do anything about this because he lives off of my salary for the most part. He wouldn't feel the MASSIVE PINCH unless he was living in his own personal cardboard box (a.k.a without a female host)

thinkthrice's picture

Well we're not married and Chef prefers the ostrich approach. He was once very close to his brother (the uncle that OSS is staying with) But when Chef broke up with the BM, his brother decided to side with the BM.

We are fiscal partners in that I pick up 95% of the bills. His CS is 50% of his net and he makes about $14 an hour. Do the math and that is WAY below the poverty line.

In other words he could NEVER afford to pay this amount of CS on his own and support himself.

Jsmom's picture

If he is not able to function on his own and relies on his wife, than he needs to get the CS stopped. I would insist or his ass would be on a curb. The kid is not living with either parent. Here CS would stop. For god's sake pursue a lawyer now to get it stopped. That is 12K a year.

DarkStar's picture

Tog, I have asked ThinkThrice this question MANY times and not gotten a response.

You're not married, you obviously don't care for him too much, he financially bleeds you dry....and you STAY??????

Inquiring, snoopy minds want to know!!!!

misSTEP's picture

Sometimes it is tough to be able to leave a physically violent guy who threatens your life if you leave, when you believe that he will follow through on his threats.