Inquest?

[mamax3]

What is the name of your state (only U.S. law)? New York
I have been taking my ex to court to increase the amount of child support he pays. He is currently paying less because of "costs associated with visitation" but he does not visit, call, or contact her at all. He has not shown up for any court dates, has been personally served by the court, and responded asking for it to be adjourned. He did not show to court this morning, the court denied his request for adjournment, and have given me an inquest hearing.

It seems that this is really good for me, am I correct in that? How does an inquest hearing work?

 

[liandrajade]

See the definition on the NYS court website below:

New York City Civil

It would seem that the judge is going make a ruling on what should be awarded and make a determination on the case as it stands so far but I have to look for a more concise explanation to be sure. I do not know if this procedure is the same for child support cases, I would think so but it's better to double check.

 

[mamax3]

Thank you

I saw that for civil but haven't been able to find anything for family court. I also wasn't quite sure what I need for evidence. How do I prove he has NOT seen his daughter or made any attempt to contact her? I have sent letters and copied the court asking when he wanted to arrange visitation, which I am hoping helps but I am clueless on if it is just my word or if I need to somehow have something showing that he hasn't and what that would be. I don't want my daughter to have to testify that she hasn't seen him, it is hard enough with him disappearing from her life without her having to talk to the judge.

 

[liandrajade]

I also wasn't quite sure what I need for evidence.

I am not sure either, you can keep a calendar of the dates, but the statutes for proving abandonment in NY are high and if he is paying child support, abandonment may not count since he is technically paying child support, it is assumed that he has not completely abandoned his child altogether.

How do I prove he has NOT seen his daughter or made any attempt to contact her?

Same as above, I do not know how to prove someone is not utilizing his visitation. Whether or not he uses his visitation time, its his to do with what he wants. It's on him to be a father, no one can make him do anything.

I have sent letters and copied the court asking when he wanted to arrange visitation,

I think copying the court is useless, the thousands of cases they have, I do not even think it will matter unless it was court ordered to provide correspondence to the courts on this.

I don't want my daughter to have to testify that she hasn't seen him, it is hard enough with him disappearing from her life without her having to talk to the judge.

Well, unfortunately one day at some point, that may have to happen. If the judge wants to get a better idea of how the child is feeling, you may very well have to deal with that.

NYS, when it comes to visitation, they are all about the best interests of the child. I know this b/c I am also in NY and I have been through my own share of lovely fun times through Family court in Suffolk County.

I do not know how to prove someone is "not" doing something, short of blatantly not paying child support, which is easily traceable. You need to speak with an attorney about this.

How old is kiddo, are there any court orders, when was the last time she saw him, were you married?

 

[mamax3]

"I think copying the court is useless, the thousands of cases they have, I do not even think it will matter unless it was court ordered to provide correspondence to the courts on this."

I was just doing it so it wasn't as much "He said, she said." I knew he wouldn't visit her, he just wanted to contribute less. I figured at least it would be in the file.

"How old is kiddo, are there any court orders, when was the last time she saw him, were you married?
Today 06:45 PM"

She is 7, she last saw him over two years ago. We have an agreement giving me full custody from 2 and a half years ago. I offered visitation and he refused, so legally he doesn't have visitation but I have never refused him visitation. We moved out of state 2 years ago and he had the support reduced saying it was to pay for airfare to visit her, which he has not done. He even stopped calling her.

We were never married and never lived together, he didn't have any contact with her until she was 1 and even then it was very sporadic.

 

[You Are Guilty]

An inquest works the same in Family Court as it does in Civil, with the difference primarily being you will probably be before a Referee in Family Court (as opposed to an actual Judge in Civil).

An inquest is just a hearing in which only one side is present. Some judges/referees only want you to answer their questions (keeps things moving along, and laypeople tend to take forever when making their points), although some will give you free reign, especially if it's a slow day and they are bored. Usually though, you make your pitch, and they will interrupt you with questions they need answers to.

As far as proving a negative, logic 101 dictates that it is impossible. But since this is a one-party hearing, there will not be any he said-she said arguments, so your testimony (and maybe your child's) is all that is required - no one can refute it if they're not there. However, it never hurts to have as much documentation with you as you can possible collect.

All in all, it's not a terribly involved process. You'll likely spend 10x as long waiting for the hearing as you do in the hearing itself.

Good luck.

 

[mamax3]

Thank you very much You Are Guilty! I have a feeling I am worrying about it a lot more than I need to. Hopefully things will be okay since I am just going to tell the truth and give them whatever is asked of me. The inquest is not until October so I have plenty of time to worry!

 

[mistoffolees]

Thank you very much You Are Guilty! I have a feeling I am worrying about it a lot more than I need to. Hopefully things will be okay since I am just going to tell the truth and give them whatever is asked of me. The inquest is not until October so I have plenty of time to worry!

Advice to avoid future problems (and for other readers):

It really helps to keep a journal of things that go on. I guarantee that in 2 years, you won't be able to remember how frequently your ex visited or how many times child support was late or anything like that. Write it down as you go along so that you don't have to reconstruct it later.