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Tomorrow is the Attorney Consultation (I don't have my hopes up)

thinkthrice's picture

Editor's note: The venue is NYS in which CS goes to 21 mandatory; just to be clear so that no one responds "he's 18, so he's done with CS"
NYS also says that if a child enters college and he extends it past age 21, then the BM is entitled to extra CS, which I have NO doubt that is what the BM intends to have happen.

This is the third attorney that Chef has used since WELL after the divorce. He foolishly went pro se for the divorce when the BM "lawyered up!"

The magistrate is notoriously anti-father and rabidly pro-BM.

OSS who will be 18 early next month, has left the BM's custodial home with no animosity, most likely to "hit the big time in the big city." (eyeroll) and moved in with Chef's estranged brother who took the BM's side during the breakup.

According to the CO, it's an emancipation event.

So far, OSS doesn't have enough money to buy warhead candy as he admits on FB, has a part time job, is a big toker and player of vid games.

For the past 9 years, out of the three kids, Chef has been "allowed" to claim the oldest. Normally, there's a rotation with three kids; each parent taking a turn alternating claim years 1,2,1,2 etc. Not with Chef.

The CO says "Chef will be allowed to claim at least one child" which was interpreted by the BM as "Chef will claim the oldest." Chef's last attorney basically said not to challenge this arrangement as it is vague (which I pointed out to Chef a loooooonnnnng time ago and was ignored and can be interpreted as "one child" by the BM. (eyeroll)

The BM has been claiming the younger two for the past nine years. I have ZERO hope that it will be a case of Constructive Emancipation via Conduct with this magistrate.

I do think it will reiterate that Chef be allowed to claim "at least one child" namely SD, for the next two tax years, and force the BM to put OSS into community college earlier than age 21 so as to drag the CS out past age 21.

I also have the paperwork showing that the BM clearly depleted and closed the skid's college funds for her own benefit (and "forgot" to claim the earlier withdrawal on her 2004 last-joint-return-with-Chef taxes, thus sticking Chef with taxes and penalties) I did claim Innocent Spouse on his behalf and got it down to a reasonable amount as well as forced the BM to pay the lion's share of taxes owed as opposed to her pocketing a giant refund. BTW Chef wanted to ROLL OVER on that one too!! >:(

Of course, Chef, not doing paperwork, is going into this basically as the "throne in front of the power" I'm the one who has gathered all the pertinent paperwork on his behalf yet again. For which, no doubt, he will show no future appreciation of.

Wish ME luck!

Comments

Teas83's picture

How far past age 21 can CS go? If BM convinced the kid to drag out his education for 5 or 6 years, could she collect CS that whole time?

I'm in Alberta, Canada. In my husband's CO, it says if SD is in college full time, living with BM and attaining passing grades, then CS can go to age 21. But that's it - 21 is the definite end. I'm sure BM will convince SD to go to college just so she can keep getting CS.

thinkthrice's picture

"Reaching the age of twenty-one years or the completion of four academic years of college education during the years immediately following the child's graduation from high school, UNLESS INTERRUPTED FOR GOOD CAUSE, whichever shall come LAST"

"An Emancipation Event shall be deemed DEFERRED beyond the twenty-first birthday of the child only if, and so long as, the child pursues undergraduate college education with REASONABLE diligence and on a normally continuous basis, UNLESS INTERRUPTED BY GOOD CAUSE"

thinkthrice's picture

It went into the "mediation agreement" and got attached to the CO. The BM made sure it was as lopsided as possible. Stupid Chef agreed to everything including giving her the marital home, quit claiming it and letting her sell it, keeping all the profit.

He thought if he kissed her arse, she would be nice and let him see the children without encumbrances. This from the same BM who started right off the bat withholding visitation after the breakup.

How's THAT workin' for ya, Chef?

Sports Fan's picture

Tog is right. NY ends at 21 unless something specific in the CO extends it. NY is all about emancipation.

thinkthrice's picture

I don't doubt that NYS says it ends at 21, however Chef's stupid mediation agreement has all sorts of caveats and loopholes in the BM's favour.

thinkthrice's picture

OSS posted he moved out on August 12, with the BM commenting "yes, that's right, he moved in with his Uncles"

I hope it will fly but like I said, the magistrate (who knows and works with the BM in his daily duties) is massively pro BM.

OSS is definitely NOT attending school. Just posting all day on line, playing vid games. He's already been thrown out of Chef's grown nephew's ex-wife's house for chooming up a storm.

thinkthrice's picture

Printed out the FB stuff. I know where the estranged Uncle lives. Probably could do a FOI request on the address.

Here are some of the lovely reports on the magistrate in question (btw this magistrate works in several counties--cayuga is not the county BM lives in):

http://www.ripoffreport.com/r/George-Shamon-Support-Magistrate/Auburn-Ne...

http://www.ripoffreport.com/r/Cayuga-County-Family-Court/Auburn-New-York...

http://www.ripoffreport.com/r/cayuga-county-family-court/auburn-new-york...

thinkthrice's picture

dup

Anon2009's picture

Print off ss' Facebook posts. Let the judge see them. Hopefully the cs will at least go to the uncle and not bm.