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Doctor's excuse can stop child support?

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lacers

Junior Member
What is the name of your state? New York
My ex-wife is suppose to be paying child support, she has had the support knocked down to $50.00 a month for two kids because she brought a doctor's excuse into court saying she can not work. That was last year ( 2005) in March. She also has a back support jugdements against her for just under ten thousand. Child support services keep blowing me off. Do I have any choices...what can I do?
I have yet to go the judge on any of this...only a hearing examiner. Please help?
 


BL

Senior Member
lacers said:
What is the name of your state? New York
My ex-wife is suppose to be paying child support, she has had the support knocked down to $50.00 a month for two kids because she brought a doctor's excuse into court saying she can not work. That was last year ( 2005) in March. She also has a back support jugdements against her for just under ten thousand. Child support services keep blowing me off. Do I have any choices...what can I do?
I have yet to go the judge on any of this...only a hearing examiner. Please help?
Without knowing what was Petitioned for , and what was ordered at the time of the hearing in 2005 , we couldn't tell.

Is the 50 bucks per month being paid on time each month ?

Why wasn't an additional amount being ordered for payments on arrears ?

Did you request contempt for non payment of arrears ?

Is She expected to be able to go back to work ?

Has she filed for SSDI ( from work history ) ? If receiving the children are entitled to a benefit as well .

For the matter to go in front of a Judge for review , you have to file a written objection to the hearing examiner's order within 30 days from entry into record .

You may have to sue in civil court for a Judgment , but if She hasn't any assets , it would be a waste of time .
 

lacers

Junior Member
Excuse- NY

She was told in March 2005 to apply for ssi and disability...ssi turned her down in August, 2005. She is not telling me anything about disability. All the back support has been made into judgments. Can I take her to court on contempt for not even trying to pay the back amount?
She has been paying the fifty on time every month.
Her new husband is on a VA pension.
She babysits the granddaughter and can do things on her computer and take the kids on vacations everywhere. But has this stupid doctors excuse that says she can not take stress.
Anyway to force her for a second opinion? And if I do get her to receive disibility (which I think is so wrong for the country to support her responsability) back support is not figure then right?
 

BL

Senior Member
If the back support ( arrears ) were reduced to Judgment(s) , then you have to try and collect on them outside of CSEU .

If the CS ordered payments are current , and the parent can not work , or is not working on the payroll , there's nothing you can bring in front of the court .

No you can not force disability . It was also denied . Weather it was appealed , or applied for a reconsideration is another question , but no one except the applicant or the applicant's attorney can file .
 

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