Objections to a decision?

[Momto1yrold]

What is the name of your state? NY

Ok I received the decision from support magistrate regarding the support modification my ex filed to reduce the support on May 27th, so his was probably roughly close to that too. Now it says they have 35 days to object. I guess he sent an objection to support magistrate in early June (dated 6/7-coincidence its the same day the case worker called employer and TOLD them to enforce the order even though employer said they had not been only because ex said he Was sending the money himself every week-which was a lie).

So question 1 is what is the time frame he is supposed to serve me? or send me my copy. Today (a month after the date on the lettere to magistrate) I get a certified letter from him stating "here is your copy of objections Support magistrate has been sent a copy and it was received".

Question number 2, he doesnt even object to anything in particular pertaining to findings of fact just the decision as a whole. Such statements as I am having trouble paying my bills and I am still struggling to find a job and it is unfair that me and my family have to go through this (just same whining crap he used in court. The higher Judge still needs to base the decision on the law that he QUIT the job making $45,000 a yr to make $300 a wk doing drivers assistant am I correct?

 

[Rushia]

I really hate to be rude here, but could you PLEASE stop creating new threads on the same old subject. I did a search and you have 25 threads about how you can't get your ex to pay cause of his job, WC etc etc. Only 1 of those threads has been locked. Couldn't you condense this?

The man is going to do everything he can not to pay. All you can do is keep going to court, making the calls and pushing everything within legal boundries (example: file contempt). Welcome to the world of Child Support.

 

[Momto1yrold]

I really hate to be rude here, but could you PLEASE stop creating new threads on the same old subject. I did a search and you have 25 threads about how you can't get your ex to pay cause of his job, WC etc etc. Only 1 of those threads has been locked. Couldn't you condense this?

The man is going to do everything he can not to pay. All you can do is keep going to court, making the calls and pushing everything within legal boundries (example: file contempt). Welcome to the world of Child Support.

I am asking a legal question? I wanted to recap a little so someone who may HAVE the answer could help me.

I would like to know the time frame he has to send me the copy of the objection? If I am bothering you please dont read. All the posts are different or with updated or returning to court info.

I am asking about his objections to the decision with no basis arguing the findings of facts, just more whining about not being able to afford to live and his family going through crap and it not "being fair". I dont care about them.

Show me a topic that says this same problem? This is new, you have the right to not read, if you dont have an answer to my question thanks again for your opinion.

 

[AHA]

I am asking a legal question? I wanted to recap a little so someone who may HAVE the answer could help me.

I would like to know the time frame he has to send me the copy of the objection? If I am bothering you please dont read. All the posts are different or with updated or returning to court info.

I am asking about his objections to the decision with no basis arguing the findings of facts, just more whining about not being able to afford to live and his family going through crap and it not "being fair". I dont care about them.

Show me a topic that says this same problem? This is new, you have the right to not read, if you dont have an answer to my question thanks again for your opinion.

Keep all your cs issues in one thread, and just add to that one, no one has time to jump back and forth to get all the details.

 

[Momto1yrold]

Keep all your cs issues in one thread, and just add to that one, no one has time to jump back and forth to get all the details.

I thought we couldnt post to older threads?

I just want to know if a lawyer here knows the time limit to be sent a copy of the objections or where i could perhaps find out? Nothing to jump back and forth from. Just a simple question.

 

[GrowUp!]

I thought we couldnt post to older threads?

Not if they are locked.

I just want to know if a lawyer here knows the time limit to be sent a copy of the objections or where i could perhaps find out? Nothing to jump back and forth from. Just a simple question.

Usually, each party must be served simultaneously when it's served to the Court. So, the day he files it with the court, he should be serving you via mail, server, etc. If he did not serve you properly, then you can simply file a Motion to dismiss his filing due to improper service, etc. You will need to research your rules of procedure to see the exact language, etc.

 

[Rushia]

I am asking a legal question? I wanted to recap a little so someone who may HAVE the answer could help me.

I would like to know the time frame he has to send me the copy of the objection? If I am bothering you please dont read. All the posts are different or with updated or returning to court info.

I am asking about his objections to the decision with no basis arguing the findings of facts, just more whining about not being able to afford to live and his family going through crap and it not "being fair". I dont care about them.

Show me a topic that says this same problem? This is new, you have the right to not read, if you dont have an answer to my question thanks again for your opinion.

As mentioned, you could go back and post to a thread. You already had one about YOU filing an objection. You should know the rules for it. You also have an attorney. Furthermore, I read your threads cause you are in NY as am I. IF you were in the same county as me, I could probably give you more advice as I'm familiar with my county (and surrounding counties). I don't think any person here can really help you. The father of your child is bound and determined not to pay his support. All you can do is keep on his rear via the court system.

https://forum.freeadvice.com/search.php?do=process&showposts=0&starteronly=1&exactname=1&searchuser=Momto1yrold

 

[Momto1yrold]

As mentioned, you could go back and post to a thread. You already had one about YOU filing an objection. You should know the rules for it. You also have an attorney. Furthermore, I read your threads cause you are in NY as am I. IF you were in the same county as me, I could probably give you more advice as I'm familiar with my county (and surrounding counties). I don't think any person here can really help you. The father of your child is bound and determined not to pay his support. All you can do is keep on his rear via the court system.

https://forum.freeadvice.com/search.php?do=process&showposts=0&starteronly=1&exactname=1&searchuser=Momto1yrold

Thank you for the link I DO KNOW how to do a search on one posters posts. But I appreciate it. But I am assuming you are just doing it to show everyone what Ive posted and once again they can do it themselves too (its really not a secret action on the board), click on members name and go down the list to see what posts they have posted.

Ok want me to justify myself I will. Ok no where in the rules does it say YOU cant start a new thread for a new topic/problem. Im sorry to have bothered you. I'll try to refrain myself better.

I had a NEW question on a NEW problem it probably would not be looked at being in a topic from the other problems posted by me.

YES my other post about objections I was asking if it was worth me filing and how it worked because I DO not know the rules for it. I did not file objections, Her father recently did, BUT again its not a typical thing-he didnt send to me until a month after his request to the magistrate and I wanted to know the time frame to send to the other parties. MY LAWYER, since you are so curious is looking up the statue and lawyers cost money so instead of calling him and calling him I figured I would see if anyone on the FREE advice board could explain. But once again Im very sorry to trouble you so.

I wasnt trying to start trouble and such and seems to be what you are trying to start, if I bother you tell a mod, then they can do the appropriate action. I should not have to justify why I made a new thread for a NEW topic/problem/question whatever it is.

 

[Rushia]

Thank you for the link I DO KNOW how to do a search on one posters posts. But I appreciate it. But I am assuming you are just doing it to show everyone what Ive posted and once again they can do it themselves too (its really not a secret action on the board), click on members name and go down the list to see what posts they have posted.

Ok want me to justify myself I will. Ok no where in the rules does it say YOU cant start a new thread for a new topic/problem. Im sorry to have bothered you. I'll try to refrain myself better.

I had a NEW question on a NEW problem it probably would not be looked at being in a topic from the other problems posted by me.

YES my other post about objections I was asking if it was worth me filing and how it worked because I DO not know the rules for it. I did not file objections, Her father recently did, BUT again its not a typical thing-he didnt send to me until a month after his request to the magistrate and I wanted to know the time frame to send to the other parties. MY LAWYER, since you are so curious is looking up the statue and lawyers cost money so instead of calling him and calling him I figured I would see if anyone on the FREE advice board could explain. But once again Im very sorry to trouble you so.

I wasnt trying to start trouble and such and seems to be what you are trying to start, if I bother you tell a mod, then they can do the appropriate action. I should not have to justify why I made a new thread for a NEW topic/problem/question whatever it is.

I'm not asking you to justify. It is a pain to jump back and forth between threads when you have so many. It really isn't a new question.

I also mentioned that I am also in NY. My county has different rules than other NY posters that I've seen. Since you want to be difficult I can't help you. I understand the problems that you are having. Trust me, my ex was ordered to pay a whopping 50 per month for our two children three years ago and I have yet to see a dime. He also has a support order for an older child and the state took him to court for his youngest child being on Medicaid. I made my decision that it wasn't worth it to continually take him to court for 50 dollars that I'll never see (and to other posters, yes, I know that it SHOULD be worth it cause it's for our kids). My ex has already lost his licence, has been threatened with jail for failure to pay the other orders. Our children are happy and that's all that matters to me.

So all that being said, you are in the same boat as many other single parents are. The father is NOT going to pay, is going to do everything in his power to avoid paying. You are going to have to get used to it. Meaning that you are going to spend A LOT of time in court.

Now, if you were in MY county, you should have already been served if he filed an objection (properly) by now.

 

[Momto1yrold]

I'm not asking you to justify. It is a pain to jump back and forth between threads when you have so many. It really isn't a new question.

I also mentioned that I am also in NY. My county has different rules than other NY posters that I've seen. Since you want to be difficult I can't help you. I understand the problems that you are having. Trust me, my ex was ordered to pay a whopping 50 per month for our two children three years ago and I have yet to see a dime. He also has a support order for an older child and the state took him to court for his youngest child being on Medicaid. I made my decision that it wasn't worth it to continually take him to court for 50 dollars that I'll never see (and to other posters, yes, I know that it SHOULD be worth it cause it's for our kids). My ex has already lost his licence, has been threatened with jail for failure to pay the other orders. Our children are happy and that's all that matters to me.

So all that being said, you are in the same boat as many other single parents are. The father is NOT going to pay, is going to do everything in his power to avoid paying. You are going to have to get used to it. Meaning that you are going to spend A LOT of time in court.

Now, if you were in MY county, you should have already been served if he filed an objection (properly) by now.

I am in Albany County, and I am not being difficult here, I just cannot understand why it is such a big deal that I posted a seperate thread for a new question and yes it is new, I am asking what is the PROPER way of being served (time frame and everything with it). I wasnt complaining about ex no paying.

I considered it a NEW question if THAT broke the rules its a matter of opinion I said I am sorry and I will try to refrain myself. This place has answered a lot of my questions and I asked a new one, I am not whining about not getting support I just want to know what my rights are, what I can do and what will happen or could happen in what I keep having to go through. I also know that what happens to you (even if in same exact boat) could result in a totally opposite decision. Ive already been through many things.

I DO know a lot of people do not get support and have trouble all their life with the ex. I am not saying I am better than anyone else, but I myself refuse to just not do anything. I wil lcall case worker periodically and make sure they do what they can to try to get him to pay such as going after the employer for not enforcing the garnishment (one of my other threads).

I have not filed contempt ever yet and I am new to all this and have gone through a lot as well and just want a better understanding of it. I am working extra to support my child and not depend on the support. That is not the problem I am just trying to get the information for this stuff without calling my lawyer for every little question and raising my attorney fees.

 

[You Are Guilty]

I truly do not understand the mentality of people who are asking for advice to cop an attitude over it. Really is astounding. So, rather than me spelling it out, someone gets to do their own research.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Click "CVP" (Civil Practice Law and Rules")

Your answers are in there.

 

[Momto1yrold]

Staying in my Own little thread here.

I found out today ex filed on June 22nd. Support magistrates assistant told me that its already in the judges hands and reviewing it and I should receive an answer by end of July. How is this even possible if I wasnt served in a timely manner. How could he file if he doesnt even have the proof he was to submit that he served me. Family clerk told me he has to file and submit proof of affadavit and notorized that I was served. I was served July 8th (by postmark on his envelope).

Yes I have a lawyer he told me that since i wasnt served accordingly that I dont have to worry about the 13 day limit to file a rebuttal. Am I screwed here?

 

[GrowUp!]

Yes I have a lawyer he told me that since i wasnt served accordingly that I dont have to worry about the 13 day limit to file a rebuttal. Am I screwed here?

No, you shouldnt be screwed as he did not follow procedure. Let your lawyer handle it.

 

[Momto1yrold]

No, you shouldnt be screwed as he did not follow procedure. Let your lawyer handle it.

And what happens if the judge makes a decision based on what my ex said in his "letter of objections"?

I was told I would have to bring it to a higher court and could be more costly. Frankly I am not rich and may not be able to afford bringing this to a higher court.

The court should Realize that he didnt follow procedure and the judge IS making a decision as I wait and do nothing. The court clerks told me themselves that it cant be filed unless he had proof I was properly served and that proof was notorized etc. So Im confused as heck right now.

Thank you for your reply.

 

[BL]

It's been so long ago that I filed letter of objections , but I do not recall having the other Party served with a copy of it , and tossed all my paperwork out accept the final orders . It may have had to be notarized who knows .

The clerks know the procedures . Get a hold of the CHIEF CLERK and ask .