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Question...ive posted before about something similair before. but more info now.

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What is the name of your state? NY

Ok short recap Ive posted here before. Ex filed for downward modification of our support order after quitting job claiming not getting along with boss, stress at job, knee injury (really havent seen any proof yet) and no time for his wife and "her" 4 kids.

We have the previous boss(owner of company) as a witness. He has a different story to tell than my daughters father had wrote in his petition. Which may question my daughters fathers credibility.

Also the boss says he hasnt heard of any Workmans comp claim. Now if he supposedly is getting WC benefits the employer would know (boss/owner even said this). So he may be lying or mistaken and hes getting some other type of disabilty(but I dont think its this either because he gave the support case worker that employers WC insurance carrier information). I have to call the support case worker next week to see if they heard back from the company because they sent an IE on March 21st (they have to give them at least a month to reply). Theres a high chance hes not getting WC and hes lying to the support unit. The caseworker said to call before I go to court.

If this is the case what do I do then? What happens if he is lying to the support case worker? They were going to suspend his license until he called them and told them this story about the WC payments (even though i still think he has the ability to send a money order IF he supposedly getting WC payments).

Also he was supposed to send my lawyer and the court copies of the workmans comp paerwork and we were to have them at least 20 days before the court date. I go to court in about 10 days and we havent received this yet. Does this affect anything, that he failed to do this after the support magistrate instructed him to do so.

Now ive heard NY usually does grant mods even after quitting a job. But he has no lawyer, has shown no proof as of yet (probably why the magistrate wanted him to send the WC paperwork to my lawyer and to the court), and he has no one appearing to speak for him such as witnesses. What are the chances of him getting this granted esp if he is lying about the workmans comp thing. Is there anyway the caseworker could appear or send in the file. The NY info hotline doesnt even have the WC info or the IE that went out on March 21st listed in the computer so im not sure WHAT exactly is going on here.

I also do realize that even if hes not granted it, the chances of him paying are slim but if they threaten him with the license suspension or jail time, he may decide to pay at least something. I believe he may be working under the table somewhere. The boss heard he went to work for another construction company and gave my lawyer the info and they said no he doesnt work there ( they could lie) but theres no way to prove it. But i know if he is faced with jail time he may pay. Right now hes not even sending $5.
 
Last edited:


BL

Senior Member
The Court will decide the issues based on what is in front of them .

There's no way to predict the outcome .

If CSEU is involved through State Funding to you , A Rep. from Temp. Services should be there .
 

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