• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? NY

Sorry so long but please read

I went to court in May for his downward mod petition and my violation petition.

Then Judge asks ex how he responds, he tried starting in on his needing support lowered because etc. Judge then said no they already responded your petition and it is here with the court, we want to know how you respond to her petition. Judge then reads my petition and then ex says "its over $3000?!?", i dont think its that high I just paid $1500 and Ive been paying $30 every week (wrong-he had one $30 payment as of that court date 5/30). So they call in the support clerk, SHE reaffirms that it is over $3,000 and the $1500 payment was credited and it reflects that. So ex says "how did it get that high"?, now the people's faces were just in shock. The judge says it adds up etc, and the judge asked when was last payment before the $1500 we say November.

Ex then carries on about people at support told him even he needs to get it modified, the judge says to him saying save it for the hearing etc. Judge says why havent you been paying and he says " I dont have a job(im confused about this part in his petition he said he had a part time job) and last magistrate told me I could pay whatever i could" then the faces on them were priceless (they know a magistrate wouldnt say that), They were smiling (im not sure if they just couldnt believe he was saying these things or what not). What she said was "do what you have to, to pay or at least pay something til you find a job and you better find something soon because its not going away".

Then the judge set a hearing date for both petitions for mid July. Ex says so can i start explaining my petition to lower it and Judge says no you can when you come back to court and then ex goes ok whats the date? Shows how much he listens.

They offered him a lawyer in the beginning but he said he wanted to continue without one so there we go. Next date is in 10 days.

Heres the payments hes paid

Payment Date Payment Amount
06/30/2007 $15.00- 06/13/2007 $30.00- 06/04/2007 $30.00- 05/25/2007 $30.00- 05/04/2007 $10.00

All this doesnt even equal one week payment (including his add ons as per the order).


What will they do for violation if hes not working, has no property in his name, and they already took his license. I hear they dont threaten with jail in my county mainly just tack on more towards arrear weekly but if hes not working what then? Right now hes over $4,000 in arrears. Will they make him prove hes looking for a job. He had one first week of May(when he filed this pet. and wanted support to reflect on that "only work sometimes job") cs unit found it heard back saying he no longer works there as of May 11th (total of a week there)-somethings odd.
 
Last edited:


Does he get unemployment compensation? Does he have a place to live and a car? Just questions I have.
No he doesnt get unemployment (because of fraud on his part-he cashed checks he shouldnt have awhile back from what he says-this was already handled during 2nd modification petition that ended in dismissal and then ended with his objections being denied). So no new circumstances just same reasons and excuses (even used same drs notes).

He has a house and a truck. He lists about $3,000 in monthly costs clothes for wife, step kids, food for all 7 people, cell bills, mortgage, taxes on house, insurance. He last time brought up on his own (that his wife didnt get support-my lawyer never asked he volunteered that info but still its on the record so where is the money to pay those $3,000 a month bills falling from). Last Dec he was crying he was going to lose house and cell phone. They dont wait 6-8 months for you to pay it.

He is listed as carpenter on taxes and his wife a homemaker (I dont care but its listed on taxes he submited and he stated more than once in court she doesnt work like its supposed to help him get it lowered...my point is, there is no income so how are the bills being paid. Money doesnt fall from sky (i wish but it doesnt). He also had another child after he stated numerous times he could not afford to support his step kids, wife and child support.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top