in this issue..
Child support
Low Cost Long Distance
Jessica’s Money Saving Tips
Kinship relationships
Poetry
Recipe
Obtaining Child Support:
You can do it
As a Hearing Examiner in Erie County Family Court, I decide child support and child support-related issues upon a daily basis. Hundreds of custodial parents file petitions seeking child support relief every week. Many of these individuals do so in the middle of a busy life, on top of emotional distress, and without legal assistance. The purpose of this article is not to teach you the law (you will have to get your legal advice by doing a little research or consulting an attorney), but to give you some practical pointers if you choose to proceed with your child support matter without the assistance of an attorney.
In this, the first of two installments, I will discuss some introductory issues and how you get to court. In the next issue, I will discuss what you do when you get there.
Q: Where do I go if I need to file a child support Petition?
A: Erie County residents go to the Petition Processing Division of Erie County Family Court. This is located on the fourth floor of 25 Delaware Avenue.
Q: How should I prepare before filing the Petition?
A: First, you have to know what you want. And to properly determine this, you have to have a basic knowledge of the Child Support Standards Act. This is set forth in Section 413-1 of the Family Court Act. As a custodial parent, you have the right to ask for an amount of child support from the non-custodial parent which is a percentage of the non-custodial parent’s income after certain specified deductions. The percentages are 17% for one child; 25% for two children; 29% for three children; 31% for four children; and 35% for five or more children. Further, you have the right to ask for the provision of health insurance coverage for your child or children; a proportioned sharing of all health-related expenses that are not covered by insurance; a proportioned sharing of child care expenses that are necessary for you to work or to attend school; in the appropriate case that the non-custodial parent make a contribution to your child or children’s private school tuition; and in the appropriate case you may request the provision of life insurance.
Bottom line: You should have an idea of what your needs are prior to filing the petition.
Q: What if I already have a child support Order and I need it to be changed or enforced?
A: Family Court has the authority to modify or enforce child support orders. Even if your order is as a result of a divorce in the Supreme Court; or if your order was entered at the time you were on public assistance; you can file for the appropriate relief in our Court.
Q: Will I need any paperwork when I file my Petition?
A: Yes. If you have a prior judgment or Order, you must bring that with you. If the child or children were born out of wedlock and a Paternity Acknowledgment was filed, bring a copy of the Paternity Acknowledgment with you. If the child or children were born out of wedlock and a Paternity Acknowledgment was not filed, it will be necessary to establish paternity before the issue of support can be determined. If you are filing a paternity petition, bring a copy of the child’s birth certificate with you. You should know your children’s dates of birth and social security numbers. You should have full information regarding health insurance and day care issues. And you should begin to gather financial information (your income and expenses) as you will need to prepare a financial statement for the Court.
Q: Is there any further preparation that I need?
A: Yes. You should begin to prepare yourself emotionally for the proceeding, depending on your particular circumstances. You will find that the Family Court staff and the court personnel are friendly and helpful. However, there will be times where you are going to have to assert your position and provide information. You will be in the same waiting room and courtroom as the non-custodial parent. You have to be emotionally ready for this.
Q: When I am ready to file and I appear at 25 Delaware Avenue what can I expect?
A: I’d like to think the Court is very efficient in the filing of Petitions. However, you probably should come down early in the morning and plan to spend half a day. Petition Processing opens at 8:30 a.m. and they suggest that you come no later than 3:00 p.m. You will first fill out a questionnaire listing basic information and on a first-come-first-serve basis you will meet with a Petition preparer. The Petition preparer is not an attorney, but is a person who is skilled at drafting this paperwork. He or she will be able to provide all of the assistance necessary so that the Petition is properly drawn and filed.
Q: Can I bring my child or children?
A: The Erie County Family Court has a Children’s Center which acts as day care for all young children. They operate on a first-come-first serve basis. You can bring your child or children when you are filing the Petition and when you go to Court. Take advantage of the Center so that you can give full attention to your legal case.
Q: When I file my Petition, will I go to Court immediately?
A: Child support cases are not scheduled immediately. They are scheduled rather quickly, though. You will be given a date when you file the Petition which will generally be about 14 days after you file.
Q: Now the big question. This article is written for individuals who are proceeding pro se --- without a lawyer. Shouldn’t I have an attorney to represent me in this type of proceeding?
A: I am an attorney. So it is not surprising that my answer is that you should never appear in Court without an attorney. But I do recognize the practical problems. Attorneys can be expensive and you may not be able to afford one. Thus, I focused this article toward those individuals who may not be able to arrange for an attorney to represent them. And, in fact, I would say about 75% of the parties who appear before me are pro se. And most do a fine job. Family Court is user-friendly and is geared toward the pro se litigant. We have less formalities than other Courts and we deal with the issues which concern you every day. Some instances where you might want legal advice are: the non-custodial parent is self-employed and his/her income is not apparent; you have a particular set of facts that are somewhat complex; you are trying to modify an agreement that was made in the context of a divorce proceeding.
Q: Is free legal advice available if I feel I need to talk to an attorney?
A: Unfortunately, due to cuts in legal services, many legal service providers cannot prioritize child support cases. However, if you think you need assistance you can call Neighborhood Legal Services, 847-0650; Volunteer Lawyers Project, 847-0662; and the Erie County Child Support Collection Unit, 858-8309, which provides legal assistance for custodial parents at a reduced rate. Also, if you make enough phone calls to attorneys in the phone book or supplied by the Erie County Bar Association, you generally can find one who is reasonable and will accept a payment schedule. Finally, if the non-custodial parent resides out of state, you can get legal assistance through the County Attorney’s Office, 858-2200.
Q: Do you have any other advice as I am getting started in this endeavor?
A: As I indicated above, preparation is the key. You should be courteous and patient with the staff and pleasantly persistent in making your needs known.
NEXT ISSUE:
“WHAT DO I DO WHEN I GO TO COURT?”
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Jessica's Money Saving Tips
Legal Relationships for Kin
Today many children are raised by someone other than their parents. This article focuses on the many different relationships a caregiver (i.e., someone who is not a parent) may have with a child in New York State. Knowing the pros and cons of each will help your family decide what is best for you. This article is designed to be a simple guide- call our office with complex questions.
INFORMAL CUSTODY does not involve a court order or legal proceedings. In this situation, a child lives with a caregiver but the parents retain the right to make most major decisions. These might include medical, educational, and visitation decisions. Most importantly, when a caregiver has informal custody, the parent may remove the child at any time. For instance, a parent may place a child in informal custody and then attempt to remove them during a crisis or while using drugs or alcohol. A caregiver can call the police if they believe a child may be in danger, but unless the situation requires Child Protective Services intervention, the police have little authority to intervene. Informal Custody may be a good option for your family if you, the caregiver, have a good relationship with the child’s parent, and there is clear communication regarding how long the child will live with you.
LEGAL CUSTODY will give you the legal right to make more decisions (about school and medical issues, for example) regarding a child living with you. Legal custody is awarded by a judge, and you must petition for custody in Family Court. If the child’s parents agree that you should have custody, a simple petition form may be all that is required. If the child’s parents do not agree that you should have custody, they may challenge your petition. You would then have to show that there are extraordinary circumstances that make it necessary for the court to remove custody from the parents. These could include neglect, abuse, unfitness, or other circumstances. If you are awarded custody, the judge may set up a visitation plan for the parents. Or, you may be awarded joint custody. It is important to remember that custody can be changed by the Family Court if it is successfully challenged at a later date. If custody is not challenged, it is effective until the child’s 18th birthday.
To file for custody, you go to Family Court, at 25 Delaware Ave. The phone number is 858-8100. Tell them you want to file for custody and they will give you the appropriate forms to fill out.
GUARDIANSHIP is similar to legal custody in many ways. When you are the guardian of a child, you will have the same legal rights you would with a formal custody arrangement. In addition, guardians usually have the authority to add a child to their insurance plans, make more medical decisions, and designate a successor guardian. A successor guardian is someone you choose to take care of a child in the event that you aren’t able to do so. There are two very different ways to name a successor guardian in New York- call our office if you have questions about this.
The parents of the child cannot make decisions for the child once you are a legal guardian, and as in a legal custody arrangement, they cannot remove the children from you. Parents can still be financially responsible for a child with a guardian, and they may be granted visitation rights by the Family Court. Once you enter into a guardianship arrangement, it is standing until the court changes it. If the parents of the child are dead or in prison, this option may be good for you.
There are two kinds of guardianship. The first is guardianship of the person, where the guardian has the legal right to make daily decisions for a child. The second kind of guardianship is guardianship of the property, where a caregiver can make decisions about the child’s finances.
KINSHIP FOSTER CARE is a situation that exists when children are in the legal custody of the Department of Social Services through Child Protection Services, and then placed with a relative caregiver. The relative’s home then becomes a foster care home for the child. The caregiver has only temporary physical custody of the child, and the state DSS retains the legal right to make all major decisions concerning the child.
There are two important benefits to the foster care system for the child and the caregiver. The first is that foster care payments are considerably higher than other forms of assistance, such as Public Assistance.
The second benefit is that foster care homes receive many services and intensive casework they otherwise might not be eligible for. Some caregivers choose not to give the DSS the amount of involvement with their child that foster care means. Others welcome the additional money and services.
To enter into a Kinship Foster Care arrangement, you and your home must be approved for foster care, as must other people living in your household. You may have a difficult time becoming a Kinship Foster Care parent if you have a criminal record or a disability that would prevent you from caring for the child. The child you wish to take care of must also be a foster care child. A child may have a difficult time becoming a foster care child if you, the caregiver, already have legal custody, or if Child Protective Services was never involved with the case.
Please feel free to call our office at 847-0655, ext. 241, if you have questions about Kinship Foster Care for you or your family, even if you are unsure as to whether you might qualify.
ADOPTION is a permanent legal relationship granted by the court. Once a child is adopted, the natural parent’s rights are terminated and the adoptive parent assumes all rights and responsibilities of a natural parent. These responsibilities include financial support and the responsibility to care for and educate your child. For children in foster care homes that are adopted and have special needs, there are sometimes subsidies available. Adoption should be sought in Family Court.
There are many issues faced by kinship caregivers in the areas of public benefits, housing, and family law. In the next issue we will continue to address some of these legal concerns, with a special focus on grandparents raising their grandchildren, as the special issues that seniors face may make care giving more difficult at times.
WRITING A GREAT LETTER
You write letters to thank people, to confirm what they told you, to ask for certain things, or to give an update. Here are some important items to include in the letter you write:
The date and the person’s name. Make sure your letter contains the date and the name of the person receiving the letter.
Why you are writing - the current situation. Let the person know why you are writing right now. Tell them in the first sentence, so they know what the letter is about right away.
Let them know what you would like them to do next. Let the person know what you want from them. For example, if you are waiting for a document, tell them when you need to have it.
Let them know what your next action will be. If it is a thank-you letter, tell them their supervisor will get a thank-you call from you. If you plan to call them next week to set up an interview, say so.
“Thank you.” Saying “thank you” is a polite way to let the person know that you appreciate the action they will take to help you. If they have already helped you, “thank you” means a lot to any worker.
Poetry Corner:
NATURAL HIGHS
Falling in love.
Laughing so hard your face hurts. A special glance. Getting mail. Taking a drive on a
pretty road. Hearing your favorite song on the radio.
Lying in bed listening to the rain outside.
Hot towels out of the dryer.
Walking out of your last final.
A long distance phone call.
A good conversation. A care package. The beach. Finding a $20 bill in your coat from last
winter. Laughing at yourself. Midnight phone calls that last for hours. Running through
sprinklers. Laughing for absolutely no reason at all. Having someone tell you that
you’re beautiful.
Laughing at an inside joke. Friends. Accidentally overhearing someone say something nice
about you. Waking up and realizing you still have a few hours left to sleep. Your first
kiss. Being part of a team.
Making new friends or spending time with old ones.
Late night talks with your roommate that keep you from sleeping. Sweet dreams. Hot
chocolate.
Road trips with friends. Swinging in swings.
Watching a good movie cuddled up on the couch with someone you love. Song lyrics printed
inside your new CD so you can sing along– without feeling stupid.
Going to a really good concert.
Getting butterflies in your stomach every time you see that one person. Winning a really
competitive game.
Making chocolate chip cookies!
Having your friends send you homemade cookies!
Spending time with close friends!
Running through the fountains with your friends.
Riding a bike downhill. The feeling after running a few miles-an accomplishment! Seeing
smiles and hearing laughter from your friends....Holding hands with someone you care
about. Running into an old friend and realizing that some things never change. Discovering
that love is unconditional and stronger than time. Riding the best roller coasters over
and over. Hugging the person you love. Watching the expression on someone’s face as
they open a much-desired present from you.
Watching the sunrise. Getting out of bed every morning and thanking God for another
beautiful day.
Spinach Strudel
You will need: 1 package fillo dough; 11/2 -2 sticks butter-melted (according to taste)
Filling: ½ -1 package fresh spinach washed and chopped; 2 eggs; 1 pound cottage cheese; 1/4 -1/2 lb of another cheese-grated (preferably one with a stronger taste- for example feta or medium-to-sharp cheddar cheese). Mix together, salt to taste.
To prepare: Divide the fillo dough into three parts ( for example a package of dough has about 21 sheets-use 7 sheets on the bottom layer). Use a 9x13" pan. Each fillo sheet, folded over in half fits the pan. If there is excess, trim with knife and sprinkle the trimmings in between the layers of dough. Brush every folded-over layer of dough lightly with butter. After the first 7 sheets are in the pan, cover the dough with half the filling. Use 7 more sheets, continue as explained above. Cover with the remaining filling and then add the final 6 sheets.
Mix together 1 egg, ½ cup milk and any remaining butter. Cut the strudel into squares.
Pour the mixture over the strudel, let it sit for at least ½ hour (up to 2 hours). Bake at 350° (325° for glass Pyrex dish) for about 30 - 40 minutes until golden brown. Allow the Strudel 15-20 minutes before re-cutting and serving.