Willful failure?

[Serenity2009]

What is the name of your state (only U.S. law)? ny

In the past my ex went through a period where he frequently switched jobs and quit before getting another job. When we would go to court the magistrate always warned him, he says he'll be good, has a job and they let him off. He had been better however recently I received a notice from CSCU that when they contacted his employer they were informed he quit. I tried to talk to him but he said it's none of my business. He accuses me of "Living off of him...."

I am employed, I pay my bills and support my three children with little help from him. (252 a month is not enough to live off of let alone half of raise three children monthly) He is over 7k in arrears, I am not trying to be insensitive, however when he informed me that he was going to do his volunteer firefighting full time and had no intention of getting a job. I did see red. There is a standing order for my attachment to his taxes (I believe that is what they called it, I get a portion of his taxes towards his back childsupport) he called me today to inform me he did not file his taxes this year and he thought it was hilarious. I do plan to file a violation for non payment of Child support however I am unsure of what to write or if anything will even come of it. Any advice would be appreciated.

 

[BL]

What is the name of your state (only U.S. law)? ny

In the past my ex went through a period where he frequently switched jobs and quit before getting another job. When we would go to court the magistrate always warned him, he says he'll be good, has a job and they let him off. He had been better however recently I received a notice from CSCU that when they contacted his employer they were informed he quit. I tried to talk to him but he said it's none of my business. He accuses me of "Living off of him...."

I am employed, I pay my bills and support my three children with little help from him. (252 a month is not enough to live off of let alone half of raise three children monthly) He is over 7k in arrears, I am not trying to be insensitive, however when he informed me that he was going to do his volunteer firefighting full time and had no intention of getting a job. I did see red. There is a standing order for my attachment to his taxes (I believe that is what they called it, I get a portion of his taxes towards his back childsupport) he called me today to inform me he did not file his taxes this year and he thought it was hilarious. I do plan to file a violation for non payment of Child support however I am unsure of what to write or if anything will even come of it. Any advice would be appreciated.

File your contempt .State he voluntarily quit his employment.State that he can file a tax return but stated he is not going to . Ask for sanctions to be imposed.Ask that he still be imputed an income that he could make and CS based off that.

You're really going to have to face the fact however , you need to NOT count on CS payments in your budget , and do what you must .

 

[Serenity2009]

File your contempt .State he voluntarily quit his employment.State that he can file a tax return but stated he is not going to . Ask for sanctions to be imposed.Ask that he still be imputed an income that he could make and CS based off that.

You're really going to have to face the fact however , you need to NOT count on CS payments in your budget , and do what you must .

Thanks, I will do as you have suggested, I was unsure how to write it all...

I've never put child support into the budget.. I don't see it as a sure thing, don't want to be short because of some one else, I view it as better safe then sorry.

 

[Gracie3787]

Thanks, I will do as you have suggested, I was unsure how to write it all...

I've never put child support into the budget.. I don't see it as a sure thing, don't want to be short because of some one else, I view it as better safe then sorry.

Try this form:

http://www.nycourts.gov/forms/familycourt/pdfs/4-13.pdf

and here:

NY CourtHelp - Forms Library

 

[Serenity2009]

We went to court for his failure to obey the court order, he said he had started working and burger king however due to "family issues" he took a leave of absence after 2 days, he said he was trying to get back in, the examiner allowed this and wrote it off as un-willful failure to pay support keeping the order at the normal rate and she ordered him to start paying.. Well it's been another 2 months since court and he still has not paid a dime, he said he wants to be a house dad (to his other children, has no contact with our daughter). It has only been about a month and a half since court, however I don't want to wait months and months again for him to get off his rear and help support our child.

 

[BL]

We went to court for his failure to obey the court order, he said he had started working and burger king however due to "family issues" he took a leave of absence after 2 days, he said he was trying to get back in, the examiner allowed this and wrote it off as un-willful failure to pay support keeping the order at the normal rate and she ordered him to start paying.. Well it's been another 2 months since court and he still has not paid a dime, he said he wants to be a house dad (to his other children, has no contact with our daughter). It has only been about a month and a half since court, however I don't want to wait months and months again for him to get off his rear and help support our child.

Did he go back to work ?

Is he working ?

Were is wages being garnished through CSEU ?

You should get CSEU involved .

Reality is , there are other enforcement methods CSEU can take besides garnishment .

If he has nothing , no driver's license,Etc. it's going to be hard to collect from someone who just doesn't want to work .