Contempt charge

[Momto1yrold]

question about taxes....

What is the name of your state? NY

Short recap...Went to court date. He testified I presented the medical bills he ignored to respond to me or send payment for. He had his Court Appointed lawyer etc.

He admitted to not paying, and knowing his responsibility, admitted to making $400 in cash off the books. But will file a 1099 at end of yr. Hes in construction so i dont believe the $400 etc.

He lied multiple times, stated he paid certain amounts during certain periods. FOF stated hes not credible and he had no proof to back up what he was saying. She awarded me 2 money judgements and suggested he be held in county jail for 75 days.

Ex filed objections for the contempt, nothing formal just whining and crying and asking if i would work something out (he wrote me in email wants me to lower support to less than half and meet him half way for visits-thats not going to happen).

Went in front of Higher judge. His CA lawyer didnt show up. One of court clerks in room said she remembers she had a dif schedule etc. Come to find out she didnt get notice of this date. So reschedule for a month later. Now a week before we went back we heard back on the objections from this same higher judge. He wrote no the decision stands and FOF and Deposition is just Objection denied etc.

We go back to the judge hes looking at papers for several minutes (now we had cross petitions and objections all over the place so its very confusing). He says i like to have certian info in fof and etc like what amount he was supposed to pay, what percent he paid, what amount he didnt pay, what time frame he didnt pay for etc. He just looked at these papers a week before and said they were fine!?!

So he sends us back to magistrate to "fix" it-we go back next week. Now how do they do this, do they go by date I filed, date he stopped paying? He made some sporadic $10-$30 back in beginning of yr and then several months went with none. In Sept (after receiving the jail recommendation), He started making payments almost half of what he is supposed to.

Will they look at time after the magistrate made her decision cause he is still not making full payments. Hes almost $8000 in arrears almost double what he owed when i filed petition.

Thanks for any advice or info at all.

 

[BL]

What is the name of your state? NY

Short recap...Went to court date. He testified I presented the medical bills he ignored to respond to me or send payment for. He had his Court Appointed lawyer etc.

He admitted to not paying, and knowing his responsibility, admitted to making $400 in cash off the books. But will file a 1099 at end of yr. Hes in construction so i dont believe the $400 etc.

He lied multiple times, stated he paid certain amounts during certain periods. FOF stated hes not credible and he had no proof to back up what he was saying. She awarded me 2 money judgements and suggested he be held in county jail for 75 days.

Ex filed objections for the contempt, nothing formal just whining and crying and asking if i would work something out (he wrote me in email wants me to lower support to less than half and meet him half way for visits-thats not going to happen).

Went in front of Higher judge. His CA lawyer didnt show up. One of court clerks in room said she remembers she had a dif schedule etc. Come to find out she didnt get notice of this date. So reschedule for a month later. Now a week before we went back we heard back on the objections from this same higher judge. He wrote no the decision stands and FOF and Deposition is just Objection denied etc.

We go back to the judge hes looking at papers for several minutes (now we had cross petitions and objections all over the place so its very confusing). He says i like to have certian info in fof and etc like what amount he was supposed to pay, what percent he paid, what amount he didnt pay, what time frame he didnt pay for etc. He just looked at these papers a week before and said they were fine!?!

So he sends us back to magistrate to "fix" it-we go back next week. Now how do they do this, do they go by date I filed, date he stopped paying? He made some sporadic $10-$30 back in beginning of yr and then several months went with none. In Sept (after receiving the jail recommendation), He started making payments almost half of what he is supposed to.

Will they look at time after the magistrate made her decision cause he is still not making full payments. Hes almost $8000 in arrears almost double what he owed when i filed petition.

Thanks for any advice or info at all.

It will all be looked at from the date of filing , what he paid and what he owes .

Hopefully he will obtain all the records before the hearing ( this time ) to review .

If not request the magistrate for 15- 20 minutes to give him a chance to review and make copies of the records he desires .

 

[Momto1yrold]

It will all be looked at from the date of filing , what he paid and what he owes .

Hopefully he will obtain all the records before the hearing ( this time ) to review .

If not request the magistrate for 15- 20 minutes to give him a chance to review and make copies of the records he desires .

Is the higher judge supposed to review this before we go in? It seems they dont read everything they just try to review it while we are in the room. Its a big folder for such a young case.

I just think there is too many "mess ups"(there was plenty before this one) in this and what confused things more was the fact my ex was filing multiple mod petitions, then objecting etc over and over. We went though period of time where magistrate dismissed on wrong law and we had to waste time and go back in front of judge and have her "fix it" and finally had the "dismissed without prejudice" put in there.

I filed this in May 2007. And it may possibly be another 4-6 weeks maybe longer, depending on how fast they work and if no other mistakes are made. I am just waiting to get another mod petition from ex any day now.

They dont even say to him listen you need to pay or you will go to jail (hes that dense and needs someone of power in the court to tell him. I overheard his CA lawyer tell him "youre going to go to jail...." as i was leaving building. But apparently he doesnt take her seriously.


I just want this over with. The longer they put off the more time he thinks he has. Whats the chance of him going to jail? The judge wrote something about "for example: if the amount of support paid was 95% of what was required as oppossed to 5%, that would make a big difference in diposition, even though the amount in controversy could be the same. it would be relevant to know if arrears accrued over a very short period of time, which might indicate a flouting of the order or they accrued more gradually over a period of time which might indicate a general reduction in the payer's income or an increase in his expenses".

Someone I know suggested it seems he may be stalling to give him time to try and pay..but if that was the case couldnt they mention or stress the fact he could go to jail and since his support is not being lowered that he do something about his situation.

But in the judges denial of his objections to the FOF he states magistrate found respondent is not credible and his quitting his job in 2005 and having another child (even after his 1st failed attempt at trying to get his support lowered) are not valid reasons to warrant relief and etc etc. Also stated that he didnt provide any proof of him not being able to work 12/06-5/07. So what do they base his punishment on? How do they find out if he jsut blew off the support or if he really had valid reasons for not paying?

 

[BL]

It certainly sounds complicated .

Either party can go to the records room with proper Id and look over the record , get allowable copies , and write notes of dates and times .

If that's what it takes to to get the court look at it , then you should consider it , then when you get in the room , take out those notes and documents request the court to take notice of them .

It sounds like the " higher court " seen something , or was unsure on something , and sent it back down " to be fixed " . There should have been an indication as to what needs to be " fixed " .

That will be the focus now .

 

[Momto1yrold]

I have a question about the tax intercept process.

I called case worker and asked him to please double check and make sure my ex was submitted for intercept of tax refund. He said he was but was only submitted for $2300. His arrears is almost $8000 and he owed more than $6000 in Oct 2007 (i have copy of nys website showing its how much he owed). Why is the amount to be intercepted so low? I have 2 money judgements and is there any way i could file something perhaps to get the rest of his refund intercepted?

My order contains so much for support obligation, so much for childcare, and so much for health insurance.

I was told childcare is not eligible but he didnt say anything about health insurance.

They did this to me last yr. Last yr i got $244 when he owed over $1000 in Oct (this seems more reasonable being maybe his amount owed was only this much (for support obligation).

Ex "says" he would pay me with them but he didnt pay me last yr with the left over so i dont think he will this yr.

 

[LdiJ]

I have a question about the tax intercept process.

I called case worker and asked him to please double check and make sure my ex was submitted for intercept of tax refund. He said he was but was only submitted for $2300. His arrears is almost $8000 and he owed more than $6000 in Oct 2007 (i have copy of nys website showing its how much he owed). Why is the amount to be intercepted so low? I have 2 money judgements and is there any way i could file something perhaps to get the rest of his refund intercepted?

My order contains so much for support obligation, so much for childcare, and so much for health insurance.

I was told childcare is not eligible but he didnt say anything about health insurance.

They did this to me last yr. Last yr i got $244 when he owed over $1000 in Oct (this seems more reasonable being maybe his amount owed was only this much (for support obligation).

Ex "says" he would pay me with them but he didnt pay me last yr with the left over so i dont think he will this yr.

If he is being paid on a 1099, he won't be getting a refund, he will have to pay the IRS. Therefore a tax intercept is useless for you.

 

[Momto1yrold]

If he is being paid on a 1099, he won't be getting a refund, he will have to pay the IRS. Therefore a tax intercept is useless for you.

This yr he did also have one or two jobs for a couple of weeks or so (not sure how long of a period of time) on the books.

He has about 6 or 7 exemptions (he claims step kids and wife also) and says he is making $400 a wk, does that make a difference. I dont think he will have to pay much in taxes if at all. Plus he claims earned income credit and child taxes for his infant son.

 

[LdiJ]

This yr he did also have one or two jobs for a couple of weeks or so (not sure how long of a period of time) on the books.

He has about 6 or 7 exemptions (he claims step kids and wife also) and says he is making $400 a wk, does that make a difference. I dont think he will have to pay much in taxes if at all. Plus he claims earned income credit and child taxes for his infant son.

Its complicated, but he at least has to pay self employment taxes on any money that he earns. So, for example, if his income really is 400 a week, that's 25k more or less a year. Add in some odd jobs and it might be 30k. Yes, he would get some earned income credit, and maybe even some additional child tax credit, but that may not completely wipe out his self employment taxes, which would be approx 3750.00.

If he is supporting that many people on 25k-30k, its no wonder you are having trouble collecting from him. If his wife is also working, then its unlikely that he qualifies for earned income credit, and maybe not the additional child tax credit either, therefore there may not be anything to wipe out any of his self employment tax.

 

[Momto1yrold]

Its complicated, but he at least has to pay self employment taxes on any money that he earns. So, for example, if his income really is 400 a week, that's 25k more or less a year. Add in some odd jobs and it might be 30k. Yes, he would get some earned income credit, and maybe even some additional child tax credit, but that may not completely wipe out his self employment taxes, which would be approx 3750.00.


Thank you for replying. I dont know much about the tax thing. He told me this past week "I will pay you with my taxes" as well he said which should be about $3500-$3800 (i dont believe he will pay me-he told me last time in Oct he would make a $4000 or $5000 payment now he cant) but the way he said it made me believe he already filed, so im not sure.

If he is supporting that many people on 25k-30k, its no wonder you are having trouble collecting from him. If his wife is also working, then its unlikely that he qualifies for earned income credit, and maybe not the additional child tax credit either, therefore there may not be anything to wipe out any of his self employment tax.

He made this situation for himself and I dont believe hes only making $400 a wk. He quit his $45,000+ a yr job back in Dec of 2005. He was shown to not be credible in court. And now he says since its winter time work is slow so he makes even less than that now. I dont believe a word he says, he is never honest at all, in or out of court.

He also testified in court no one else in household works and he has to support everyone (stepkids are 14, 17.5, 19, 21) and "what am i to do kick the kids out of the house?" and there father doesnt help at all (which he already testified before this court hearing saying they have out of court agreement, he could claim 2 kids every other yr and they will get so much a week-i know it doesnt apply to my case or me but he volunteered that info). All this While he has $4,000 in monthly bills listed on financial affadavit.

Even lowering support will not dent those bills every month. And I dont believe him cause if you dont pay mortgage or taxes on house they dont just let you slide for 2 yrs +.

Also he wont claim additional jobs or income he testified he only works for this one guy and only makes $400 a wk or less-hes not very honest and I guess I will see the next time he brings me into court this yr for a modification (i know he will file another one).

 

[Momto1yrold]

New Question...

Ever since he received papers suggesting jail time hes been paying something anywhere from $40 to $70 (which hopefully will at least continue throughout even after court even if they are not full payments).

Two days before the last court date a payment went through for $80 ( not even one week payment but something) When i went to court his court appointed lawyer made an offer of $1000 (but he didnt bring the money, he "said" he would be sending next day) and we lower support to $80 a wk (after all 4 of his mod petitions were dismissed/denied and he was quoted as "not credible" etc).

We declined the offer. Well when my lawyer told his, his lawyer says "Well then he wont be sending that $1,000 tomorrow" and sure enough he had made a $70 payment not $80 and no $1,000. Caseworker also got the impression he wasnt sending in any large amounts but ex did ask about his license yet again (here hes facing 75 days in jail and hes worried about license) but caseworker said you have to start by making full payments (he told caseworker he would months ago, still has yet to make 1 full payment). Also his cell phone was not shut off like he says it was.

My question is, how "may" (i know no one can predict what judge will do) the judge look at this? Here he says he has $1,000 and doesnt send it because I wont lower the amount and hes paying less than what he said he could pay even if iots only $10 less hes doing it to spite me.

This date was to fix some facts in the findings of fact so next date will hopefully be in front of higher judge commencing his "punishment".