Still not recieving support.

[RiverSong42]

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

So, I haven't received court-ordered support for over a year, with one exception. I received the father's tax return. It was a one-time payment in March, and the court considers this a sign of "good faith". CSE has taken his driver's license, fishing license, seized (empty) bank accounts, and docked (non-existent) paychecks. He hasn't legitimately worked at all this year, and I don't expect him to start before January at this point. We go to court every 2 months or so, but the judge keep adjourning so he can find a job, file for disability, complete drug treatment, get a lawyer (twice), etc.. He knows how to play the system and keep getting adjournments. Meanwhile he smokes a pack of cigarettes a day and pays the bill on a smartphone, money that could easily be put towards his (pathetic) $32/week.

I'm assuming telling the court that he does have an under-the-table income of some kind would be pointless, as I can't really prove it. And even if he is found guilty (again) of willful non-payment, all they will do is put him in jail for 30 days, and he still won't pay child support, and I will have to go through this whole process again. Part of me thinks that I should give up, he will never pay and it's not worth the stress. The other part feels that I should keep going to court over and over out of sheer revenge. (Of course, I may end up suffering more than he does as a result.)

So, my question is, legally is there anything else I can do?

(I think I know the answer... )

 

[Concerned33]

It sounds like the state is doing everything in its power. There really isnt anything more you can do except make sure you can support yourself and child without child support. Some parents just will not pay no matter what, despite all the collection efforts that are made.

 

[LdiJ]

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

So, I haven't received court-ordered support for over a year, with one exception. I received the father's tax return. It was a one-time payment in March, and the court considers this a sign of "good faith". CSE has taken his driver's license, fishing license, seized (empty) bank accounts, and docked (non-existent) paychecks. He hasn't legitimately worked at all this year, and I don't expect him to start before January at this point. We go to court every 2 months or so, but the judge keep adjourning so he can find a job, file for disability, complete drug treatment, get a lawyer (twice), etc.. He knows how to play the system and keep getting adjournments. Meanwhile he smokes a pack of cigarettes a day and pays the bill on a smartphone, money that could easily be put towards his (pathetic) $32/week.

I'm assuming telling the court that he does have an under-the-table income of some kind would be pointless, as I can't really prove it. And even if he is found guilty (again) of willful non-payment, all they will do is put him in jail for 30 days, and he still won't pay child support, and I will have to go through this whole process again. Part of me thinks that I should give up, he will never pay and it's not worth the stress. The other part feels that I should keep going to court over and over out of sheer revenge. (Of course, I may end up suffering more than he does as a result.)

So, my question is, legally is there anything else I can do?

(I think I know the answer... )

Tax return = The piece of paper you filed to do your taxes.

Tax refund = The money you got back.

Some people call their refund a "return"...that is incorrect terminology.

Some parents are so determined NOT to pay child support that they will go to jail, tank their own financial futures etc. If you have someone that determined not to pay, it may be impossible to collect. I wouldn't put a lot of effort into it. Let the state chase him if they want to though, don't let him completely off the hook.

 

[nextwife]

Was he a responsible, employed, hard working, bill-paying individual BEFORE there was a CS order?

 

[breezymom]

I've been through this one!

It is frustrating, yes, however, as stated by previous posters, NY is taking the steps outlined by law.

I don't bother with my ex's under the table income because it isn't provable in my situation, and by what you've said about yours, apparently it isn't in yours, either. Mine is also getting the money for numerous things, including the ones you stated, and it is frustrating that he can't help with the general costs of the child.

Is he receiving Unemployment benefits, that you know of? Taking him back to court is really not your job, if he has no provable source of income. It is HIS responsibility to go back and have the support reduced to the $25/week minimum so his arrears doesn't get into a deeper hole than he can ever handle (if it isn't there, already). The DCSE will end up taking him back to court, or at least contact him with that proposition of going back to court, if they are even in awareness of any source of income. Believe me...apparently they found out my ex was receiving benefits and now they are really gouging into them. It really would have been in his best interests to take it back to court and have it reduced, but he didn't and got pretty deep into the hole on his own.

Have you read the section titled something like, "What happens if I don't pay?" under the Non-Custodial Parent Information section? It may give you an idea of the steps they do take. Good luck. I hope for your sake, the child's sake, and the child's dad's sake that things get under control soon.

 

[RiverSong42]

Was he a responsible, employed, hard working, bill-paying individual BEFORE there was a CS order?

No. One of the many reasons he is now an "ex".

Is he receiving Unemployment benefits, that you know of? Taking him back to court is really not your job, if he has no provable source of income. It is HIS responsibility to go back and have the support reduced to the $25/week minimum so his arrears doesn't get into a deeper hole than he can ever handle (if it isn't there, already).

Have you read the section titled something like, "What happens if I don't pay?" under the Non-Custodial Parent Information section? It may give you an idea of the steps they do take. Good luck. I hope for your sake, the child's sake, and the child's dad's sake that things get under control soon.

No unemployment benefits. Apparently, being fired for insubordination disqualifies you.

The way I understand things, if he is found guilty of willful non-payment again, he goes to jail. Once he is out, and still doesn't pay, I have to file another non-payment petition and start all over. Right? He was found guilty once, and they gave him 10% interest. I waited 6weeks before filing another non-payment petition. (not long, I know but how long does it take to come up with a few bucks? Even $10 would be considered a good faith payment.)

 

[CSO286]

Is he receiving Unemployment benefits, that you know of? Taking him back to court is really not your job, if he has no provable source of income.

This is incorrect advice. DCSE can and will pursue contempt if they feel that pursuing contempt will generate payments. Every worker-initiated enforcement action is prefaced with the thought: Do I think this action will generate some kind of payment? If they do not feel anything will be gained by contempt action, they will not pursue it.

In addition, there are specific timelines that DCSE goes by, and these vary by state and county. Some will not do contempt until there have been at least six months' of missed payments, some three. Some require that other enforcment actions occur before contempt action is intiated.

Now here's the thing: In nearly every state, the custodial parent retains the right to file for contempt on his or her own behalf after the first missed payment, and again after the next, and the next and so on.

It is HIS responsibility to go back and have the support reduced to the $25/week minimum so his arrears doesn't get into a deeper hole than he can ever handle (if it isn't there, already).

This is correct. If his circumstances are such that he cannot pay his obligation as order, the onus is on him to request a modification.

 

[CSO286]

No. One of the many reasons he is now an "ex".


No unemployment benefits. Apparently, being fired for insubordination disqualifies you.

The way I understand things, if he is found guilty of willful non-payment again, he goes to jail. Once he is out, and still doesn't pay, I have to file another non-payment petition and start all over. Right? He was found guilty once, and they gave him 10% interest. I waited 6weeks before filing another non-payment petition. (not long, I know but how long does it take to come up with a few bucks? Even $10 would be considered a good faith payment.)

I hate to tell you this, but if he is determined not to pay, there isn't much that can be done to compel him. Sometimes even the threat of jail or an actual sentence isn't going to do it.


(This is my job, so I know of what I speak.)

 

[RiverSong42]

I hate to tell you this, but if he is determined not to pay, there isn't much that can be done to compel him. Sometimes even the threat of jail or an actual sentence isn't going to do it.


(This is my job, so I know of what I speak.)

Yeah, I figured.

 

[breezymom]

Sorry, OP, and thanks, CSO. I should have worded that entirely differently. What I was more speaking of was his responsibility to get the payment lowered, if he had little to no income, not necessarily that it wasn't the OP's responsibility if he did have some income. I am also just saying under the table stuff is hard to prove.

 

[RiverSong42]

Sorry, OP, and thanks, CSO. I should have worded that entirely differently. What I was more speaking of was his responsibility to get the payment lowered, if he had little to no income, not necessarily that it wasn't the OP's responsibility if he did have some income. I am also just saying under the table stuff is hard to prove.

I am completely baffled as to why he has not filed for a modification. He has $0 income, it only makes sense that he ask for a modification. And yet, he hasn't. He'd probably be granted the minimum.