CS questions in NY

[walrus9]

What is the name of your state (only U.S. law)? NY

I have a situation regarding cs that I have a few questions about. Here is background information : I am estranged from my husband for about 3 years. We have one child and the court ordered he pay child support back in September of 2014. I have filed 2 violations on him for non payment. He has filed for a downward modification. We went to court last month and it was adjourned until July. Here are my questions:

1. My husband filed for a downward mod in Feb because his unemployment benefit amount decreased. If he does start making payments and they do grant him a downward mod, will I have to pay HIM back?

2. My husband has been on unemployment since the original order was written. He previously worked in a field where he could earn 70-80K a year. Last month, in court, he couldn't give the judge any details on active job searching on his end. Considering he isn't looking for work, should I ask the court to impute his wages? At what point would the court start to wonder exactly why he is unemployed?

3. Finally, at court last month, my husband said he is claiming his unemployment every other week. In the past, when he claimed unemployment, the cs was automatically sent to me. He said he is claiming, however, the support collections unit says he isn't (they said that since they are both state agencies, scu would immediately know if he was claiming unemployment.) Does this demonstrate an unwillingness to pay child support? If he chooses to not file for his benefits because he doesn't want to give any cs (he alluded to not wanting to pay in court and has told me countless times that I don't deserve the money. He doesn't seem to grasp that it is for his child).




Thanks in advance. I appreciate any advice.

 

[stealth2]

What is the name of your state (only U.S. law)? NY

I have a situation regarding cs that I have a few questions about. Here is background information : I am estranged from my husband for about 3 years. We have one child and the court ordered he pay child support back in September of 2014. I have filed 2 violations on him for non payment. He has filed for a downward modification. We went to court last month and it was adjourned until July. Here are my questions:

1. My husband filed for a downward mod in Feb because his unemployment benefit amount decreased. If he does start making payments and they do grant him a downward mod, will I have to pay HIM back?

2. My husband has been on unemployment since the original order was written. He previously worked in a field where he could earn 70-80K a year. Last month, in court, he couldn't give the judge any details on active job searching on his end. Considering he isn't looking for work, should I ask the court to impute his wages? At what point would the court start to wonder exactly why he is unemployed?

3. Finally, at court last month, my husband said he is claiming his unemployment every other week. In the past, when he claimed unemployment, the cs was automatically sent to me. He said he is claiming, however, the support collections unit says he isn't (they said that since they are both state agencies, scu would immediately know if he was claiming unemployment.) Does this demonstrate an unwillingness to pay child support? If he chooses to not file for his benefits because he doesn't want to give any cs (he alluded to not wanting to pay in court and has told me countless times that I don't deserve the money. He doesn't seem to grasp that it is for his child).




Thanks in advance. I appreciate any advice.

1 - not likely.

2 - you may ask for an income to be imputed. It may or may not be done.

3 - knowing how "efficient" state agencies are, the other may or may not know. So you would need to prove to the court both that he is not claiming unemployment AND his motivation. I'm going to say this is a non-starter.

 

[walrus9]

1 - not likely.

2 - you may ask for an income to be imputed. It may or may not be done.

3 - knowing how "efficient" state agencies are, the other may or may not know. So you would need to prove to the court both that he is not claiming unemployment AND his motivation. I'm going to say this is a non-starter.

As far and # 3 goes, the cs always came out of the unemployment. The csu said even if he had a change to his claim, they would know quickly (within a few weeks).
Presumably he isn't claiming. I know he's working off the books. Does the fact that he is likely not claiming raise any red flags?

If he IS claiming, how do I collect the money? This all seems so impossible.

 

[QuiGonJinn]

When child support is based on unemployment benefits and those benefits decrease, there have plenty of people successful in getting their support lowered. To get that accomplished he would need to have some type of records of the amount decreasing, which would probably answer your other question. Give those records to support enforcement.

 

[walrus9]

When child support is based on unemployment benefits and those benefits decrease, there have plenty of people successful in getting their support lowered. To get that accomplished he would need to have some type of records of the amount decreasing, which would probably answer your other question. Give those records to support enforcement.

I understand that his obligation may be lowered, however the judge asked him for his job search attempts and he said he had no attempts at finding a job. He has been unemployed for over 18 months and the judge wanted to know why, but he refused to answer anything, including whether or not he was fired.

If he isn't claiming unemployment, what would the court use to determine his income? Does that not raise any red flags?

 

[not2cleverRed]

A quick question: this is a temporary order through Supreme Court as part of a contested matrimonial, isn't it?

 

[not2cleverRed]

I understand that his obligation may be lowered, however the judge asked him for his job search attempts and he said he had no attempts at finding a job. He has been unemployed for over 18 months and the judge wanted to know why, but he refused to answer anything, including whether or not he was fired.

If he isn't claiming unemployment, what would the court use to determine his income? Does that not raise any red flags?

I would say, bide your time. Let the judge do his/her job.

The judge knows your husband isn't showing much evidence of trying hard to get a job.

When people are evasive, that's a red flag for lying. As a wise woman once told me, the job of the judge is to determine who is lying less. Perhaps this is an oversimplification: focus on being credible. Your husband sounds like he's doing a good job at losing credibility all by himself.

 

[walrus9]

A quick question: this is a temporary order through Supreme Court as part of a contested matrimonial, isn't it?

I don't think so. Forgive my ignorance on the subject.

I filed for CS back in August of 2014. We went before a magistrate in NY family court in Sept of 2014 and the magistrate wrote the order.

We aren't even in the process of divorce yet.

 

[not2cleverRed]

I don't think so. Forgive my ignorance on the subject.

I filed for CS back in August of 2014. We went before a magistrate in NY family court in Sept of 2014 and the magistrate wrote the order.

We aren't even in the process of divorce yet.

Good. Although it's rather obvious that you should probably get a divorce at some point.

My impression, based on my own divorce and what I've observed of others, is that things are handled a little differently in a matrimonial case as opposed to in Family Court.

The magistrate wrote the order based on the facts at hand.
Your husband needs to show that there is a change of circumstance in order to get a downward modification.
If your husband was unemployed at the time the court order was written, then his continued unemployment is not a change of circumstance.
If the child support amount was imputed based on what his income used to be, not on unemployment benefits, then a decrease in the unemployment benefits is not a change of circumstance.
If his ability to be employed has not changed, it is expected that... he actively look for a job.

The magistrate will be very patient for a certain amount of time, but after that... forget it.
Your husband seems intent on getting to that point.
My ex-husband already.

But until the magistrate gets to that point, it is frustrating.

 

[walrus9]

Good. Although it's rather obvious that you should probably get a divorce at some point.

My impression, based on my own divorce and what I've observed of others, is that things are handled a little differently in a matrimonial case as opposed to in Family Court.

The magistrate wrote the order based on the facts at hand.
Your husband needs to show that there is a change of circumstance in order to get a downward modification.
If your husband was unemployed at the time the court order was written, then his continued unemployment is not a change of circumstance.
If the child support amount was imputed based on what his income used to be, not on unemployment benefits, then a decrease in the unemployment benefits is not a change of circumstance.
If his ability to be employed has not changed, it is expected that... he actively look for a job.

The magistrate will be very patient for a certain amount of time, but after that... forget it.
Your husband seems intent on getting to that point.
My ex-husband already.

But until the magistrate gets to that point, it is frustrating.

Thank you. It's good to know. He is trying to say that his decrease in unemployment benefits IS a change in circumstances. It is so frustrating because we don't go back to court for this until September. I could really see my husband avoiding his obligation.

Collection in NY is ridiculous. I was hoping that they'd garnish his taxes, but if he's not in arrears in August (when they report to the IRS), then they won't intercept his tax return.

I just wish I didn't have to wait so long.

 

[LdiJ]

Thank you. It's good to know. He is trying to say that his decrease in unemployment benefits IS a change in circumstances. It is so frustrating because we don't go back to court for this until September. I could really see my husband avoiding his obligation.

Collection in NY is ridiculous. I was hoping that they'd garnish his taxes, but if he's not in arrears in August (when they report to the IRS), then they won't intercept his tax return.

I just wish I didn't have to wait so long.

If he is unemployed or working under the table, he is not going to have any tax refund to intercept. Therefore you should not count on something like that.