tadmartin223
Junior Member
What is the name of your state? NY
Ok, the title is the story of everyone's life on this forum, but I really need some help on this one.
Let's start from the beginning. A female, let's call her "Sherry", filed for a support order against me last year February. She has a child, "Charles" that she claimed was mine. Now, Charles is 6 YEARS OLD and has NEVER said anything to me about him possibly being mine. We have had no contact for about 6 1/2 years (a relationship not well-maintained). So, we go to court and I do find out that Charles is my son, which is a blessing, but this is not the problem. The problem is that when we get to court, the judge has been treating my unfair the whole time.
The original support order was for $160 bi-weekly, which I felt was way too high, considering that I have 2 support orders for 2 different children in different counties (NY & Westchester) and a child that I take care of (lives with me, bought in Birth Certificate, SS card, W2 w/name as dependent) which is legally supposed to be taken into consideration when making a decision on the amount of support (at the time my income was $33K yearly). In Oct 2004, my job went out of business, forcing me into the world of unemployment. I went back to court for a modification order and to notify the judge that I was indeed collecting unemployment, so the order was modified to $80 bi-weekly.
Went back to court in Feb 2005 on the assigned court date and told the judge that I was now back at work, gave all the employer's info (did not receive pay stubs before the court date). Now here's where the problems come in. The SAME JUDGE that made the modification because of my umemployment situation DID NOT REAPPLY THE ORIGINAL ORDER of $160 when I went back to court. I knew something was wrong then.
Now, SCE DID NOT START APPLYING INCOME EXECUTION PAYMENTS to my paychecks from Jan 2005 because they had the wrong address for my employer, AFTER I TOLD THE JUDGE THE CORRECT ADDRESS ON THE FEB DATE I WENT BACK TO COURT. I was ordered back into court for violation of support order. I get to court and inform the judge that garnishments has been applied as of June 2005 (by my doing) The judge AND SCE says they has none of this info on record. I explain to the judge (once again) that I was unemployed, so the judge cuts me off and says that even though I was unemployed, I should have took the proper steps to inform the court that I was so a modification could be made. BUT I DID TAKE THE PROPER STEPS AND CAME INTO COURT TO MAKE A MODIFICATION. Judge says none of this is on record. SCE says they have no SSN for me, but they have liens on my bank acct, credit union acct and suspended my driver's license AND have copies of my paystubs and W2s from my first employer. I am being threatened with jail time now because of THEIR SCREWUPS!!!!
I feel like I've been treated unfairly. With the information provided, do you think I have a civil case? I'm going back to court this Friday to provide ALL documents (objection petition & denial, modification order and paystubs with recent garnishments) to the judge.
Ok, the title is the story of everyone's life on this forum, but I really need some help on this one.
Let's start from the beginning. A female, let's call her "Sherry", filed for a support order against me last year February. She has a child, "Charles" that she claimed was mine. Now, Charles is 6 YEARS OLD and has NEVER said anything to me about him possibly being mine. We have had no contact for about 6 1/2 years (a relationship not well-maintained). So, we go to court and I do find out that Charles is my son, which is a blessing, but this is not the problem. The problem is that when we get to court, the judge has been treating my unfair the whole time.
The original support order was for $160 bi-weekly, which I felt was way too high, considering that I have 2 support orders for 2 different children in different counties (NY & Westchester) and a child that I take care of (lives with me, bought in Birth Certificate, SS card, W2 w/name as dependent) which is legally supposed to be taken into consideration when making a decision on the amount of support (at the time my income was $33K yearly). In Oct 2004, my job went out of business, forcing me into the world of unemployment. I went back to court for a modification order and to notify the judge that I was indeed collecting unemployment, so the order was modified to $80 bi-weekly.
Went back to court in Feb 2005 on the assigned court date and told the judge that I was now back at work, gave all the employer's info (did not receive pay stubs before the court date). Now here's where the problems come in. The SAME JUDGE that made the modification because of my umemployment situation DID NOT REAPPLY THE ORIGINAL ORDER of $160 when I went back to court. I knew something was wrong then.
Now, SCE DID NOT START APPLYING INCOME EXECUTION PAYMENTS to my paychecks from Jan 2005 because they had the wrong address for my employer, AFTER I TOLD THE JUDGE THE CORRECT ADDRESS ON THE FEB DATE I WENT BACK TO COURT. I was ordered back into court for violation of support order. I get to court and inform the judge that garnishments has been applied as of June 2005 (by my doing) The judge AND SCE says they has none of this info on record. I explain to the judge (once again) that I was unemployed, so the judge cuts me off and says that even though I was unemployed, I should have took the proper steps to inform the court that I was so a modification could be made. BUT I DID TAKE THE PROPER STEPS AND CAME INTO COURT TO MAKE A MODIFICATION. Judge says none of this is on record. SCE says they have no SSN for me, but they have liens on my bank acct, credit union acct and suspended my driver's license AND have copies of my paystubs and W2s from my first employer. I am being threatened with jail time now because of THEIR SCREWUPS!!!!
I feel like I've been treated unfairly. With the information provided, do you think I have a civil case? I'm going back to court this Friday to provide ALL documents (objection petition & denial, modification order and paystubs with recent garnishments) to the judge.
You should call and get the court transcripts also. With the understanding that there are millions of cases in court, judges usually cant remember one case from another. A good refresher for them is having your lawyer (if you have one) supply the judge with a transcript even though the judge could get one in a finger snap, (verbatim by your lawyer works wonders) that usually changes their attitude real quick. My boyfriend did it once, it was actually was pretty funny watching the judges face turn five shades of red then try to cover up his humiliation.