Filing a Violation for CS

[Momto1yrold]

What is the name of your state? NY

Ex quit his job. Found job making $300 a week. Meantime he filed for downward MOD. Got place of employment. Took forever to get UNit to send papers to the correct address of the employer. When they got them they just held onto them, I waited a month. Case worker calls company-guy says ex is going for workmans comp and wont be working for a bit and they will hold onto the papers for when he comes back.

Ex stated in court he went back to work on April 25th. Still no payment there shouldnt be much of a waiting period especially if they "held onto those papers" like they said they would. I think my ex and the company is playing around.

Case worker is wondering what they are doing and is sending out paperwork from the legal department. Hes called the company 3 times this week and payroll lady is out of town and no one knows how to help him and they just say Ill have them call you. Not sure if they called him back yet I cant seem to get ahold of caseworker this week. Ex must know the guy who owns it and telling him not to send payments-must be real stupid if hes listening to my ex.

Ex is $3,000 behind and had almost 6 months of missed payments. Still hasnt had license suspended but may have now because hes so far behind and the guy said even if he makes a payment they wont give it back just cause of what hes doing.

I still havent heard from my lawyer or the courts about the decision from the hearing for the downward modification petition he filed. Its been a month.

Case worker suggested I file a violation petition. I dont want to make the judge mad but I mean nothing is working to get him to pay he doesnt seem to care. I told the caseworker that and said he would have filed a violation a long ago if he was me.
What do I need if I do file a violation. Hes working and just waiting for the income executions to go through, by willfully not sending the payments. Would filing a violation be a good idea or should I wait?

I will prolly go unrepresented. Do I have to tell my laywer if I choose to do the violation?

 

[GrowUp!]

What is the name of your state? NY

Ex quit his job. Found job making $300 a week. Meantime he filed for downward MOD. Got place of employment. Took forever to get UNit to send papers to the correct address of the employer. When they got them they just held onto them, I waited a month. Case worker calls company-guy says ex is going for workmans comp and wont be working for a bit and they will hold onto the papers for when he comes back.

Ex stated in court he went back to work on April 25th. Still no payment there shouldnt be much of a waiting period especially if they "held onto those papers" like they said they would. I think my ex and the company is playing around.

Case worker is wondering what they are doing and is sending out paperwork from the legal department. Hes called the company 3 times this week and payroll lady is out of town and no one knows how to help him and they just say Ill have them call you. Not sure if they called him back yet I cant seem to get ahold of caseworker this week. Ex must know the guy who owns it and telling him not to send payments-must be real stupid if hes listening to my ex.

Ex is $3,000 behind and had almost 6 months of missed payments. Still hasnt had license suspended but may have now because hes so far behind and the guy said even if he makes a payment they wont give it back just cause of what hes doing.

I still havent heard from my lawyer or the courts about the decision from the hearing for the downward modification petition he filed. Its been a month.

Case worker suggested I file a violation petition. I dont want to make the judge mad but I mean nothing is working to get him to pay he doesnt seem to care. I told the caseworker that and said he would have filed a violation a long ago if he was me.
What do I need if I do file a violation. Hes working and just waiting for the income executions to go through, by willfully not sending the payments. Would filing a violation be a good idea or should I wait?

I will prolly go unrepresented. Do I have to tell my laywer if I choose to do the violation?

First of all...it doesn't matter what you "think" the company and your ex is doing. If the CSEA sent paperwork for garnishment, you and your ex have no control over it. It's up to the company and they have a specified amount of time to respond. Until then, it's your ex's responsibility to pay the support until the garnishment goes into effect. If the HR people are out of town, then they are.

Your "case worker" should not be dispensing legal advice. They are not lawyers -- and even if they were, they shouldn't be giving you legal advice. And given the fact that your case worker told you to file a "violation petition" further proves they don't know what the hell they're talking about. It's not even called that. Not even remotely.

You should be staying on your case worker. But if they are waiting for the company to respond, there's not much they or you can do during the time period the company has to respond. If someone doesn't want to pay, they won't. You can't make someone pay. Just like you can't make someone work.

You don't even know which way is up, so why would you do this pro se?

 

[BL]

You have a Lawyer , your Lawyer should be handling this .

If he has been ordered to pay support , and the payments go through CSEU , those payments are generated through Albany . If the payments are 1 or 2 months in arrears He should have gotten a License suspension warning notice , other than that , your Lawyer should be dealing with CSEU and the Courts to make sure His wages are being garnished , and Yes your Lawyer could request the Court through a Petition for addition amounts to be tacked on for arrears.

Let your Lawyer handle it . Personally , I wouldn't trust the words of CSEU .

 

[CandiceH]

I agree. People at CSEU do not always know what they are talking about. They tend to take the loooooong route to everything, know that from experience. I have had a support order since December and garnishments still arent happening. I did what CSEU TOLD me to do and now I am in a mess.

This is what I was told..... once they receive the order it takes ten days to process through the office (business days), then they send it out to the employer. The employer has four weeks to comply. By the time the first payment is received and sent to you it can take AT LEAST 10 weeks total. I know that it is hard to be patient. Feels like you have a worthless order, but it will all catch up to him. Hang in there!

 

[Momto1yrold]

First of all...it doesn't matter what you "think" the company and your ex is doing. If the CSEA sent paperwork for garnishment, you and your ex have no control over it. It's up to the company and they have a specified amount of time to respond. Until then, it's your ex's responsibility to pay the support until the garnishment goes into effect. If the HR people are out of town, then they are.

Your "case worker" should not be dispensing legal advice. They are not lawyers -- and even if they were, they shouldn't be giving you legal advice. And given the fact that your case worker told you to file a "violation petition" further proves they don't know what the hell they're talking about. It's not even called that. Not even remotely.

You should be staying on your case worker. But if they are waiting for the company to respond, there's not much they or you can do during the time period the company has to respond. If someone doesn't want to pay, they won't. You can't make someone pay. Just like you can't make someone work.

You don't even know which way is up, so why would you do this pro se?

My case worker said only thing left for me to do is ask the court to violate him.

No the company has been sent the IE papers 3 times. First time was in Feb. So this is long overdo and they have had plenty of time. Second time in March and then when case worker called them because they didnt respond within the time, they said they would hold the papers cause my ex was going for WC.

So I am going by what the Case worker said to me. Obviously hes had enough of waiting on the company to start this especially since he told me he would be sending papers from legal dept. Hes been working since April and should have went into effect by now (not only my opinion but the case worker said as well). They even sent another copy of the IE papers to the company after he told court he was working again so bottom line is hes not paying willfully and company is not complying with the court order.

Well in my area in NY even when I called the family court building the clerk told me its a violation petition and on the papers I have to fill out it says it. On the site they refer to it as a enforcement petition.

I am staying on case worker cause I have been told that they do the license suspension after 4 months and its been 6 months and they are finally just now starting that process. Already more than a month has been passed since they sent the warning letter and he hasnt called them to come to an agreement.

Im not saying I can make him pay but I certainly wont let him get it away with it and I will file in contempt if he wont.

 

[Momto1yrold]

I agree. People at CSEU do not always know what they are talking about. They tend to take the loooooong route to everything, know that from experience. I have had a support order since December and garnishments still arent happening. I did what CSEU TOLD me to do and now I am in a mess.

This is what I was told..... once they receive the order it takes ten days to process through the office (business days), then they send it out to the employer. The employer has four weeks to comply. By the time the first payment is received and sent to you it can take AT LEAST 10 weeks total. I know that it is hard to be patient. Feels like you have a worthless order, but it will all catch up to him. Hang in there!

In NY, I dont think its 10 weeks, it may depend on certain situations. When the order was originally set up to be garnished through CSEU it took about a month (companies are different and I was told a total of 4-6 weeks at most depending on biweekly or weekly paychecks) and he quit that job in Dec 2005-failed to notify CSU of the employment change and failed to send any amount of money. Ive received 3 payments since beginning of Dec- one was tax (not even a dent in the amount-he made too much to get a big tax refund, one was WC and the 3rd one im not sure yet but it was same amount as WC so possibly from a last benefit check from WC-its not the new employer cuase my ex would have told case worker when he talked to him the 19th.

The court sends it out and the employer has the four weeks to comply like you said. This particular employer has had ample amount of time and case worker is the one who said they are going to send out papers from the legal dept for the company not complying. They said themselves they misplaced the first set of paperwork, what did they do with the 3rd set that was sent recently AFTER he returned to work. No I think (And I have a right to an opinion) he knows the owner of the company and they are helping him avoid this-his paycheck says $300 salary flat-no amount of hours, no payrate. Too weird i say but its my opinion and obviously the case worker isnt pleased with the time its taking.

 

[Momto1yrold]

You have a Lawyer , your Lawyer should be handling this .

If he has been ordered to pay support , and the payments go through CSEU , those payments are generated through Albany . If the payments are 1 or 2 months in arrears He should have gotten a License suspension warning notice , other than that , your Lawyer should be dealing with CSEU and the Courts to make sure His wages are being garnished , and Yes your Lawyer could request the Court through a Petition for addition amounts to be tacked on for arrears.

Let your Lawyer handle it . Personally , I wouldn't trust the words of CSEU .

We were never married my lawyer was for the modification hearing/petition filed by my ex. I do not have a ton of money to continue to pay him to fight for contempt charges-esp if ex refuses to pay.