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unfair judge

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dday22

Guest
I was granted a support order (again, I have 9 years of them) he doesn't pay. Nothing happens, no jail, no punishment, no nothing. New order granted in July 2000 - respondent sent partial payment in August - Septembe payment bounced - now asking for a modification states he only makes $1000 per month - self employed - Judge never asks for any proof - just goes by his word - I know he is just trying to avoid paying support - how can I make the Judge see this without going deeper in debt to an attorney - already in debt $11,000 for last order. Respondent transferred rental property into his mother's name - Judge said it wasn't clear and dismissed that. Respondent owns a boat - Judge says that doesn't count. Someone help - hearing is in NY soon and I live in GA.
 


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jamiet

Guest
cant you just take him to the child support enforcement agency and make him do the worksheet to set payments? they make you bring your previous years tax returns so he cant really lie!
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dday22:
hearing is in NY soon and I live in GA.<HR></BLOCKQUOTE>

And the child lives where ? How long have you been in GA ? Does your court orders say anything about jurisidiction ?

 
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dday22

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
And the child lives where ? How long have you been in GA ? Does your court orders say anything about jurisidiction ?

<HR></BLOCKQUOTE>child lives with me (always has), been in GA 4 years, I was told I had to sue for support in NY becuase that's where the respondent lived. Can you help me?

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dday22:
Originally posted by LegalBeagle:
And the child lives where ? How long have you been in GA ? Does your court orders say anything about jurisidiction ?

<HR></BLOCKQUOTE>child lives with me (always has), been in GA 4 years, I was told I had to sue for support in NY becuase that's where the respondent lived. Can you help me?

If you are not getting anywhere in NY then stop wasting your money. Wait 6 months and then file all the papers into the GA court system as they now have jurisdiction on the case.

Most attorneys give free consultations. Call some of the local attorneys in your area and ask.


 
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dday22

Guest
to answer legal begal - my daughter has always lived with me. We have been in Georgia for 4 years. Jurisdiction was based on the fact that I sued him and he lives in NY and that's where the original support of 1991, 1992, 1993, 1994, 1995 and 1996 were. Can you help?
 
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LadyBlu

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dday22:
to answer legal begal - my daughter has always lived with me. We have been in Georgia for 4 years. Jurisdiction was based on the fact that I sued him and he lives in NY and that's where the original support of 1991, 1992, 1993, 1994, 1995 and 1996 were. Can you help?<HR></BLOCKQUOTE>
DId you live in NY at the time the support was ordered?

This seems odd to me, when you moved to GA did you ever counsel with an atty to see what your rights were? Getting jurisdiction changed is simple and should have already been done..


My reason for saying that is, how could a NY court know what is in the best interest of a child that resides in GA and has been for 4yrs. Obviously they dont or you would have that 11,000.00 in child support by now.


[This message has been edited by LadyBlu (edited October 26, 2000).]
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
This seems odd to me, when you moved to GA did you ever counsel with an atty to see what your rights were? Getting jurisdiction changed is simple and should have already been done.. <HR></BLOCKQUOTE>

Careful hon .. Jurisdiction is only changed when you petition for it to be changed. Just because you live in one state for 6 months does not mean you have, or can get jurisdiction.

Also, CS does not fall under the UCCJA as easily as visitation and custody.

In theory, what she has done is not wrong and would normally mean that the state could take some serious action on him since he lives in NY. However, NY is not doing its job so there is no point continuing to waste money on something that is not fixing the problem.

 

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