Support Question? NY

[Momto1yrold]

Support Violation Question in NY

What is the name of your state? NY

Short things first. Ex filed 3rd downward modification first week of May (about 2 weeks after objections were denied). I filed a Violation petition about same time so they set one date for them both. May 30th "fill in judge" set hearing date. Went July 11th. Judge dismissed his petition and granted his request for a court appointed lawyer(last date he declined the offer-but guess he changed his mind). She also set a court date for the violation petition.

This week I check the ny support site, theres a $40 payment in the system. I went to court 7/11 he said he just sent $68 earlier that week and he says $68 is 17% of $400 (what he says he gets off the books). Last payment before this was $15 and posted on July 5th.

He said he sent $68 but only $40 posted? He told her 17% of $400 is $68 and he sent it earlier that week, now thinks he entitled to change his order @@. I didnt think he would do anything he says he would do anyway.

Last yr when he was making $300 a wk gross salary pay (later found out company is owned by relatives), They garnished his check the full amount (a little bit over $100 a wk total). Now he admits to making $400 a week cash off the books, I would think they would find him willfully violating the order? What constitutes "willfull" contempt or non willfull?

I am not whining about the amount im shocked he sent more than $15 but dont tell the court you already sent $68 and then send $40. They can see this in the system. Hes made a handful of payments ranging from $15 to $30 ranging every 12- 20 days. Hes $4500+ behind in arrears.

His financial disclosure shows monthly bills of $4,000+ (cell phones for family-$160, cable, home phone, clothing for step kids, wife, food for family, diapers, formula for his second bio child, credit cards, car insurance for family, mortgage, taxes). He says "6 people-4 step kids(ages 14-21-he stated this in court during last mod), wife and 6 month old son- depend on him in the house"(his words), and says he "is the only person working in house" (again his words).

And if they find him in willfull contempt what kind of punishment would they consider, he has no property(except his house), no bank accounts, no paycheck to add additional arrears on by IEX, his license was already suspended. There isnt much to do to him except threaten him with jail (which doesnt matter anyway I could deal without the occasional $15 or $30 to see him in jail) cause I know if it happened he wouldnt let it happen again.

 

[BL]

The Judge / hearing examiner dismissed his Petition for modification .

He is required to pay what amount was ordered .

A willful violation means the Party has/had knowledge of the orders , understood the orders , and willfully disobeyed them .

Understanding the orders could be proven by his objection being denied , and the subsequent Petition being denied , as He would have had to know what the orders were and the amount he was to pay .

Keep in mind if He is paying into the State , it may take time for a payment to show in the central registry .

 

[Momto1yrold]

The Judge / hearing examiner dismissed his Petition for modification .

He is required to pay what amount was ordered .

A willful violation means the Party has/had knowledge of the orders , understood the orders , and willfully disobeyed them .

Understanding the orders could be proven by his objection being denied , and the subsequent Petition being denied , as He would have had to know what the orders were and the amount he was to pay .

Keep in mind if He is paying into the State , it may take time for a payment to show in the central registry .

First, Thank you for replying!
What do I have to do to prove that he willfully disobeyed it?

When you say paying into state, do you mean like Dept of Social Services or the CSEU?

Last yr when his ex employer was sending the payments, they were not 12-20 days apart but since I have filed for the violation hes been sending $15-$30 roughly twice a month (which isnt even a third of his weekly payment). Even then if he sent a payment like he said the 8th, shouldnt take 12 days and then it was less than what he said he sent, more like 10% not his "17% of his $400 weekly cash" as he tried explaining to the judge (i took this as him recalculating his own supprot order w/o even considering her childcare and medical expenses-which I dont think he is entitled to do).

Also another question what does a court appointed lawyer do for the one they are defending in these type of cases? Do they help him avoid punishment or try to explain what could happen if he doesnt pay.

This is first violation I have filed, but have only heard that for the first violation, they dont do much to the person except tack on more for arrears weekly but if he has no IEX that doesnt do much anyway in this case. So there isnt much they can do that will make him care enough to pay.

This is his 3rd mod and second one being dismissed (in fact this 3rd one was just a continuation of the 2nd one..same reasons as previous mod just more begging to lower it).
And again he asked the judge how to get it lowered and if he has to file again @@.

He also kept saying I just want it lowered or put on hold so I can get caught up- he got his full refund from IRS that was $4800 (dont know how he was able to get this) he should have used some of that to help catch up.

Thank you again for replying

 

[BL]

In NY a Court does not appoint an attorney for modifications of CS , so the appointment would be to defend against the violation of Court Order .

As I said , it appears like he's been denied at least twice ( once on a written objection ) , and within a short time he's filing again ( even asking the court how to get it lowered ) .

That record should speak for itself .

It sounds like He's a piece of work filing financial Statements to include Cable TV, Family cell phones , and all the amenities , not everyday necessities .

I think the Court has and will still see this .

I've read on the forums if the wages were/are being garnished , that they do not intercept tax returns .

An yes He could have made payments will the return , however it sounds like he wants his cake and eat it too .

I can't say how it will come out .

 

[LdiJ]

In NY a Court does not appoint an attorney for modifications of CS , so the appointment would be to defend against the violation of Court Order .

As I said , it appears like he's been denied at least twice ( once on a written objection ) , and within a short time he's filing again ( even asking the court how to get it lowered ) .

That record should speak for itself .

It sounds like He's a piece of work filing financial Statements to include Cable TV, Family cell phones , and all the amenities , not everyday necessities .

I think the Court has and will still see this .

I've read on the forums if the wages were/are being garnished , that they do not intercept tax returns .
An yes He could have made payments will the return , however it sounds like he wants his cake and eat it too .

I can't say how it will come out .

In my state, and in many others I am familiar with tax intercepts happen even when wages are garnished (in order to reduce the principal of the arrearage more quickly)...but it might be different for NY.