RiverSong42
Member
What is the name of your state (only U.S. law)? NY
I just received all the court paperwork in the mail for my last visit to Family court. Between my lawyer, the judge and the paperwork, I still have a big question in regards to the judgement. I called the state CSE hotline, and they couldn't answer my question, and suggested I call the county CSE. I called the county CSE, and they have a recorded message saying they don't accept phone calls or walk-ins, and that any questions should be directed at the State CSE. My lawyer was provided by the county free of charge, but after court, he informed me that after the hearing he is no longer being paid, so any further questions should be directed at... you guessed it... NYS CSE.
Anyway...
The paperwork says,
"ORDERED that the judgement be entered in favor of (Petitioner) against (respondent) in the amount of $1088.62 plus interest..." It goes on to say the respondent is sentenced to 30 in jail for non-compliance with the order. HOWEVER, no where does it say *when the $1088.62 needs to be paid* to avoid jail.
I have another judgement rendered on the same day that says, the respondent failed to obey a court order (the one that says he pays weekly support in the amount of $32.50 to NYS CSE) and, "ORDERED that the Respondent is hereby sentenced to 30 days in the X County Jail for such violation, which sentence is suspended upon the condition that the Respondent shall be in compliance with all terms and conditions of said order..."
Again it doesn't say at what point he has officially violated the order and can be put in jail. I called the county family court, and the person I spoke with said they *thought* it could mean he would be put in jail after missing one payment, but I should call NYS CSE to be sure.
He was also convicted of willful non-payment in March and I was awarded a judgement of $856 at that time, but again no due date...
I really don't *want* him to go to jail, as he can't pay child support from jail, however since the threat of jail hasn't motivated him to pay, maybe the threat of going again may. I truly don't expect him to come up with $1,088 right away obviously, but $32.50 isn't too difficult. The one piece of info I was able to get from NYS CSE was, that I am the one who is to notify them of non-payment. NYS CSE won't do anything without me contacting them and letting them know of a violation. So, I kind of need to know when I am supposed to notify them.
If what the family court person told me is true, and he can be reported after missing one payment, then I need to report him tomorrow. But I'm uneasy about not giving him any leeway. OTOH, I spent our relationship being his personal doormat, so I'm not sure he has earned the privilege of leeway.
I just received all the court paperwork in the mail for my last visit to Family court. Between my lawyer, the judge and the paperwork, I still have a big question in regards to the judgement. I called the state CSE hotline, and they couldn't answer my question, and suggested I call the county CSE. I called the county CSE, and they have a recorded message saying they don't accept phone calls or walk-ins, and that any questions should be directed at the State CSE. My lawyer was provided by the county free of charge, but after court, he informed me that after the hearing he is no longer being paid, so any further questions should be directed at... you guessed it... NYS CSE.
Anyway...
The paperwork says,
"ORDERED that the judgement be entered in favor of (Petitioner) against (respondent) in the amount of $1088.62 plus interest..." It goes on to say the respondent is sentenced to 30 in jail for non-compliance with the order. HOWEVER, no where does it say *when the $1088.62 needs to be paid* to avoid jail.
I have another judgement rendered on the same day that says, the respondent failed to obey a court order (the one that says he pays weekly support in the amount of $32.50 to NYS CSE) and, "ORDERED that the Respondent is hereby sentenced to 30 days in the X County Jail for such violation, which sentence is suspended upon the condition that the Respondent shall be in compliance with all terms and conditions of said order..."
Again it doesn't say at what point he has officially violated the order and can be put in jail. I called the county family court, and the person I spoke with said they *thought* it could mean he would be put in jail after missing one payment, but I should call NYS CSE to be sure.
He was also convicted of willful non-payment in March and I was awarded a judgement of $856 at that time, but again no due date...
I really don't *want* him to go to jail, as he can't pay child support from jail, however since the threat of jail hasn't motivated him to pay, maybe the threat of going again may. I truly don't expect him to come up with $1,088 right away obviously, but $32.50 isn't too difficult. The one piece of info I was able to get from NYS CSE was, that I am the one who is to notify them of non-payment. NYS CSE won't do anything without me contacting them and letting them know of a violation. So, I kind of need to know when I am supposed to notify them.
If what the family court person told me is true, and he can be reported after missing one payment, then I need to report him tomorrow. But I'm uneasy about not giving him any leeway. OTOH, I spent our relationship being his personal doormat, so I'm not sure he has earned the privilege of leeway.
