Momto1yrold
Member
What is the name of your state? NY
Starts out with Judge asking my daughters father how he was fired? He said there was no work so judge says you were laid off, he says yeah but I cant get unemployment because I didnt have enough time worked at that job. She says when did you get start working there. He didnt want to say because he had enough time to get unemployment he started in January and ended in Nov(in NY you need 28 weeks of employment). He says ugh well ughh, I cant get unemployment because I had collected an over amount last time I was on unemployment. So my lawyer asks for the petition to be dismissed because it lacks a form (from some family court law etc) and if he was fired and cant get unemployment he shouldnt be rewarded for his miconduct.
She says I acknowledge that and agree becasue she has to follow the laws and he has the ability to make $45000 a yr, He says I cant find a job as a construction manager because I dont have the college exp and someone got me that job etc. Even construction laborers and workers make $30000 ( which is about how much our support order is based off when we agreed to lower amount). My lawyer says that there are construction jobs available because last modification (and added that this is his second modification petition) that his previous boss* testified that there are plenty out there year round. My daughters father says well Ive talked to ppl who still work there and they said that he was just doing it to get back at my daughters father and bust "his ba**s" his exact words etc.
Judge asked him where he applied at and he says well I applied at a few construction places( didnt name specifics)*but they are laying off etc and he applied at Walmart they arent hiring. She asked how many applications did he put in the last week he said none. He said They just had a baby last week of Dec and the baby was premature and the wife has kidney problems and he has to take care of the wife, baby and get the step*kids off the bus (ok now youngest is about 14, the rest of kids are 16, 18, 20 they cant get the 14 yr old off the bus? hes not handicapped or etc)*
The woman granted a suspension of support for 4 weeks (ends up being 7 weeks cause we go back on Feb 26th).
He was like why cant you modify this right now and give me a break, Ive been paying all yr round and I cant do this I cant work cause I have to watch the baby and take care of my wife etc. Once I find a job I will notify the court like I always do (yeah right thats why last yr he was hired in Jan and the support unit couldnt find the place until I gave them the exact address because the judge made him give it to him and told me to go to unit and give them the address. Didnt end up being garnished until June). Then he says after this time im just going to have to file again (meaning another modification petition).
Then he says hes borrowing money from family for bills etc. She says did you pay any support with that money, he says no I didnt have any left after bills.
Anyone ever had to deal with a support collection suspension before? The lady said his arrears dont go away just puts a hold on them. But as soon as he finds a job he has to tell unit and then that order for suspension stops. If not it stops on day we go to court. What if he doesnt find a job will she arrange a hearing or do I have anything to worry about here?
Starts out with Judge asking my daughters father how he was fired? He said there was no work so judge says you were laid off, he says yeah but I cant get unemployment because I didnt have enough time worked at that job. She says when did you get start working there. He didnt want to say because he had enough time to get unemployment he started in January and ended in Nov(in NY you need 28 weeks of employment). He says ugh well ughh, I cant get unemployment because I had collected an over amount last time I was on unemployment. So my lawyer asks for the petition to be dismissed because it lacks a form (from some family court law etc) and if he was fired and cant get unemployment he shouldnt be rewarded for his miconduct.
She says I acknowledge that and agree becasue she has to follow the laws and he has the ability to make $45000 a yr, He says I cant find a job as a construction manager because I dont have the college exp and someone got me that job etc. Even construction laborers and workers make $30000 ( which is about how much our support order is based off when we agreed to lower amount). My lawyer says that there are construction jobs available because last modification (and added that this is his second modification petition) that his previous boss* testified that there are plenty out there year round. My daughters father says well Ive talked to ppl who still work there and they said that he was just doing it to get back at my daughters father and bust "his ba**s" his exact words etc.
Judge asked him where he applied at and he says well I applied at a few construction places( didnt name specifics)*but they are laying off etc and he applied at Walmart they arent hiring. She asked how many applications did he put in the last week he said none. He said They just had a baby last week of Dec and the baby was premature and the wife has kidney problems and he has to take care of the wife, baby and get the step*kids off the bus (ok now youngest is about 14, the rest of kids are 16, 18, 20 they cant get the 14 yr old off the bus? hes not handicapped or etc)*
The woman granted a suspension of support for 4 weeks (ends up being 7 weeks cause we go back on Feb 26th).
He was like why cant you modify this right now and give me a break, Ive been paying all yr round and I cant do this I cant work cause I have to watch the baby and take care of my wife etc. Once I find a job I will notify the court like I always do (yeah right thats why last yr he was hired in Jan and the support unit couldnt find the place until I gave them the exact address because the judge made him give it to him and told me to go to unit and give them the address. Didnt end up being garnished until June). Then he says after this time im just going to have to file again (meaning another modification petition).
Then he says hes borrowing money from family for bills etc. She says did you pay any support with that money, he says no I didnt have any left after bills.
Anyone ever had to deal with a support collection suspension before? The lady said his arrears dont go away just puts a hold on them. But as soon as he finds a job he has to tell unit and then that order for suspension stops. If not it stops on day we go to court. What if he doesnt find a job will she arrange a hearing or do I have anything to worry about here?