Petitioner in Support Order violation, representing self, seeks help with hearing ?s

[madisongh]

What is the name of your state (only U.S. law)? New York State

My ex husband and father to my two children is currently a little over $10,000 in arrears for child support. He was self employed until Oct 2013, so wage garnishments have only recently become an option. Child support enforcement is aware of his new employment, and have executed a garnishment order, however, I have still not received any payments. The last payment I received was a few hundred dollars of a seized tax refund in April 2013.

In Feb of this year, I filed a violation. Long story short, I agreed to a non-willful violation if he would enter into a judgement, put his house for sale with a broker (with the arrearages to be paid out of any sale), and pay my attorney fees. The house was briefly listed for sale, but no longer is, and hasn't been for a few months. I am still not receiving support. In October 2013, I filed another violation against him due to non payment and my belief that it is intentional (expensive trips, gifts, and activities with our children). Meanwhile, we are living hand to mouth. If you are wondering how he still has a driver's license, so was I. When I inquired about this at CSE, I was told he had a "restricted license"; able to drive for work and transporting kids to/from school. So, no joy riding, then? lol How in the world this is enforceable is beyond me.

I feel my attorney hindered me during our last hearing by talking me into the non-willful agreement. I inquired about the attorney CSE makes available for situations like mine, but the attorney never contacted me. I have decided to go to the hearing on my own. I'd like some advice on questions to ask my ex husband during the hearing. Below are some examples of what I was thinking. If you could please help me with any guidance or suggestions, I would so greatly appreciate it. Thank you for reading.

Questions I have for the hearing:

Where do you work?
How long have you worked there?
What is your salary?
How are you paid?
Where did you work prior?
Do you own your home?
What is your mortgage amount?
Are you current on your mortgage?
Do you have a bank account?
Tell me about anything you’ve spent over $500 on in the last 8 months.
Did you agree to list your house with a broker during our last hearing?
And did you do that?
Is your house listed with a broker now?
Please tell me about any trips you’ve taken in the last 8 months.
Please tell me about any extracurricular activities you have signed our children up for in the last 8 months.
About how many times per week would you say you eat out?
Do you have any restrictions on your driver’s license?

 

[Proserpina]

What is the name of your state (only U.S. law)? New York State

My ex husband and father to my two children is currently a little over $10,000 in arrears for child support. He was self employed until Oct 2013, so wage garnishments have only recently become an option. Child support enforcement is aware of his new employment, and have executed a garnishment order, however, I have still not received any payments. The last payment I received was a few hundred dollars of a seized tax refund in April 2013.

In Feb of this year, I filed a violation. Long story short, I agreed to a non-willful violation if he would enter into a judgement, put his house for sale with a broker (with the arrearages to be paid out of any sale), and pay my attorney fees. The house was briefly listed for sale, but no longer is, and hasn't been for a few months. I am still not receiving support. In October 2013, I filed another violation against him due to non payment and my belief that it is intentional (expensive trips, gifts, and activities with our children). Meanwhile, we are living hand to mouth. If you are wondering how he still has a driver's license, so was I. When I inquired about this at CSE, I was told he had a "restricted license"; able to drive for work and transporting kids to/from school. So, no joy riding, then? lol How in the world this is enforceable is beyond me.

I feel my attorney hindered me during our last hearing by talking me into the non-willful agreement. I inquired about the attorney CSE makes available for situations like mine, but the attorney never contacted me. I have decided to go to the hearing on my own. I'd like some advice on questions to ask my ex husband during the hearing. Below are some examples of what I was thinking. If you could please help me with any guidance or suggestions, I would so greatly appreciate it. Thank you for reading.

Questions I have for the hearing:

Where do you work?
How long have you worked there?
What is your salary?
How are you paid?
Where did you work prior?
Do you own your home?
What is your mortgage amount?
Are you current on your mortgage?
Do you have a bank account?
Tell me about anything you’ve spent over $500 on in the last 8 months.
Did you agree to list your house with a broker during our last hearing?
And did you do that?
Is your house listed with a broker now?
Please tell me about any trips you’ve taken in the last 8 months.
Please tell me about any extracurricular activities you have signed our children up for in the last 8 months.
About how many times per week would you say you eat out?
Do you have any restrictions on your driver’s license?

Current on mortgage = not your business. He DID list the house. Trips? Not your business. Extracurricular activities = not relevant. Eating out = definitely not your business.

Spending over $500? Not your business.

(We're seeing a trend here, aren't we?)

 

[Proserpina]

(Even if it was your business, what are you doing to do when Dad says "My girlfriend/parents/friend paid for all of this". It's up to you to prove otherwise - not him).

 

[madisongh]

Thank you for responding.

You make an interesting last point, one I hadn't considered giving his particular brand of isolation and hatred of all.

In this situation, what makes something "not my business"? Is there a specific reason why I shouldn't/can't ask about large non-essential purchases?

 

[Proserpina]

Thank you for responding.

You make an interesting last point, one I hadn't considered giving his particular brand of isolation and hatred of all.

In this situation, what makes something "not my business"? Is there a specific reason why I shouldn't/can't ask about large non-essential purchases?

Because what Dad spends his money on is his business. Not yours.

Do you want to account for every dime you spend? Of course you don't.

 

[BL]

1-800-846-0773 automated info.

1-888-208-4485 rep. about your case .

NYS Department of Social Services Division of Child Support Enforcement 40 North Pearl Street, 13thFloorAlbany, New York 12243-0001

 

[madisongh]

I don't consider asking someone about non-essential purchases over $500 to be accounting for "every dime" spent; perhaps you and I aren't in the same tax bracket.

Just to make sure I understand what you are saying: Dad is over $10,000 in arrears in his child support obligation yet his spending habits are irrelevant?

 

[Proserpina]

I don't consider asking someone about non-essential purchases over $500 to be accounting for "every dime" spent; perhaps you and I aren't in the same tax bracket.

That actually made me laugh.

Just to make sure I understand what you are saying: Dad is over $10,000 in arrears in his child support obligation yet his spending habits are irrelevant?

Let's try this again.

"Your honor, I submit that Dad is wasting money and making frivolous purchases"

"Is that correct, Dad?"

"I have no idea why Mom is making that allegation. My girlfriend bought me a car and pays our bills and my elderly grandparents spoil me a bit from time to time".

 

[BL]

I don't consider asking someone about non-essential purchases over $500 to be accounting for "every dime" spent; perhaps you and I aren't in the same tax bracket.

Just to make sure I understand what you are saying: Dad is over $10,000 in arrears in his child support obligation yet his spending habits are irrelevant?

What this all boils down to is submissions per NY State child support standards act calculator.

New York State Child Support Standards Act.
http://www.brandeslaw.com/child_support/cssa.htm
http://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf Calculator
http://www.divorcehq.com/calculators/newyork-child-support-calculator.shtml
http://forms.lp.findlaw.com/form/courtforms/state/ny/ny000481.pdf
Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After review
ing
the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.

After that it's a contempt hearing and enforcement .

Why not pick up the phone and ask the rep. why hasn't his driver's license been suspended all together.

Never heard of a restricted in non payment caes.

The suspensions usually come from Albany as the central registry red flags when arrears reach a certain amount.

 

[madisongh]

But this is a hearing for the violation of the support order. It's my understanding that I will be asking the questions directly of dad, not making generalized allegations to the magistrate.

I get what you are saying, and I do appreciate your input. If you, or anyone else, has suggestions on specific questions that are helpful for a petitioner to ask during a hearing for a violation of court ordered child support, I'd appreciate it.

 

[SmokeyParkCop]

Never heard of a restricted in non payment caes.

The suspensions usually come from Albany as the central registry red flags when arrears reach a certain amount.

This is a NYS DMV thing, they allow you, if you haven't had a suspension or restricted license in (i think) 5yrs to apply for a restricted license in the cases of a suspension, for 'just cause'...Really all you have to say is you have a job, or child.

 

[Proserpina]

But this is a hearing for the violation of the support order. It's my understanding that I will be asking the questions directly of dad, not making generalized allegations to the magistrate.

I get what you are saying, and I do appreciate your input. If you, or anyone else, has suggestions on specific questions that are helpful for a petitioner to ask during a hearing for a violation of court ordered child support, I'd appreciate it.

Honestly? This is a hearing to decide whether or not Dad is contempt, yes?

Let Dad explain it all to the Judge. There's no reason you have to do anything other than confirm the basic details: He's ordered to pay X, he hasn't paid as ordered, and as far as you know he hasn't been laid off or become disabled. Then it's up to Dad to prove his case - the burden is on him, not you.

 

[madisongh]

Honestly? This is a hearing to decide whether or not Dad is contempt, yes?

Let Dad explain it all to the Judge. There's no reason you have to do anything other than confirm the basic details: He's ordered to pay X, he hasn't paid as ordered, and as far as you know he hasn't been laid off or become disabled. Then it's up to Dad to prove his case - the burden is on him, not you.

Yes. The petition I filed was a "violation" petition, but I believe it is essentially to hold dad in contempt, as you said, for not following the court order. I truly hope you are right. I have been a googling Mauet's Trial Techniques fiend. I will come back and report what happens in the hope that it might be helpful to someone in the future.

And BL, I replied to you, but it's not showing up yet. Hopefully it will. At any rate, thank you guys/gals.

 

[Proserpina]

Yes. The petition I filed was a "violation" petition, but I believe it is essentially to hold dad in contempt, as you said, for not following the court order. I truly hope you are right. I have been a googling Mauet's Trial Techniques fiend. I will come back and report what happens in the hope that it might be helpful to someone in the future.

And BL, I replied to you, but it's not showing up yet. Hopefully it will. At any rate, thank you guys/gals.

More often than not, the guilty party tends to have enough rope of their own to shoot themselves in the foot.

Appalling use of mixed metaphors notwithstanding, let him sink his own ship.

 

[BL]

Yes. The petition I filed was a "violation" petition, but I believe it is essentially to hold dad in contempt, as you said, for not following the court order. I truly hope you are right. I have been a googling Mauet's Trial Techniques fiend. I will come back and report what happens in the hope that it might be helpful to someone in the future.

And BL, I replied to you, but it's not showing up yet. Hopefully it will. At any rate, thank you guys/gals.

So you can go back from Feb. 2013 if you haven't been paid as still ordered .

You had the prior amount reduced to judgment with stipulations ( you will need an attorney ) to help with those stipulations.

Was there on ongoing CS order after Feb. ?

If so follow what Proserpina stated in # 12 .

The Judge should know what the hearing is for and then let you speak first .

Then perhaps later on let you ask a few question.

Do not over due it .


Related to the reply about DMV application for restricted license , I have read of suspensions on this forum of employed person, and there license was and remained fully suspended.

Ask how that came about through CS enforcement.