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Home > Law > Family Law   »   No Child Support order

 
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Old Sep 23, 2008, 02:23 PM
kryssy325
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No Child Support order

Hi all,

I had an open child support case in New York for the last 6 years. In which, I was granted a court order for $39.00, I have one child. Apparently, he is working for a trucking company who pay some on the books and off.

I went in last year for a modification, my first one because $80 a months just isnt cutting it. I had a huge prob and was told that I'd have to go to the state where the case was opened in order to put in the request. I was stumped! this is an interstate case because he lives in Florida, but I opened the case here in N.Y.

I was the sent in circles and gave up. Finally, I recieved a letter that a judge granted me the modification to $160 a month and was told that the absent parent (the father) was originally supposed to give that amount and would now have back pay.

I recieved payments for 3 months and the last check was in October of last year.

Now, I went in to file a violation against him for non-payment and was told I'll have to do this in Florida! HUH? Now for the past few months I sit back and make numerous calls and N.Y tells me contact Florida, Florida tells me they can only release the court order or any information to N.Y child support off only.

Again, after going in circles and no answers as how to solve this, I give up.

Now, I move to Suffolk county and phone the child support on the actions I need to take to have my case opened here and they sent me to the suffolk office, which they tell me they can't open the case without the court order and I need to contact the Kings county C.S for the order. Again, I'm told to contact Florida. NOTHING.

I write a letter explaining this and recieve a response to contact florida. I'm hopeless and want to know what steps I need to do to get this matter resolved. As long as this wasted time is going on, its been a year of no child support and nothing I can do about it.

I'm so close to giving up but it kills me that he is getting away with this and the system is no assistance to me.

What next?

P.S one worker explained that somehow N.Y allowed Florida to take over the case. If the modification went through then N.Y must have a copy of the order. This is causing a Prob for me and I'd like it fixed ASAP.

Thank you,

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Old Sep 23, 2008, 02:59 PM   #2  
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Yes, it does seem that N.Y. gave up it's jurisdiction to FL. Therefore, you would either have to go to florida yourself and go to court or you can hire a lawyer to go for you but as long as they have jurisdiction then yes everything will have to be run through them.
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Old Sep 23, 2008, 04:05 PM   #3  
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You need a lawyer for your case. There is alot of conflicting information going on. Some of the things arent even legal. Who were you recieving the money from ? ( what agency )
Also if they did as you have stated and transfered it out of state then thats who you have to deal with. A judge cant order a person to pay CS at one rate and then years later change thier mind and make it a different rate and caus arrears ( thats illegal ) So someone who understands the paperwork your holding needs to explain things better. You may qualify for low or probono lawyer if your income is low enough to meet florida standards.
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Old Sep 23, 2008, 06:24 PM   #4  
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I was recieving the money through child support collections. They were in agreement with his employer. At some time when my daughter was younger I recieved food assistance and a few years later It stopped because my income increased.

I then recieved a letter from a paralegal that they found his location, my daughter is 7yrs at the time and they asked for me go to family court. I never saw a judge and the paralegal basically took care of everything. I was recieiving the money for 4 years without a problem and his tax return but when I went in to ask for more (a modification) the payments went to up 160 a month.

I think my income may be too high for a probono lawyer and I can't afford a lawyer.

All I want is the court order, which a judge in Florida gave. I don't understand why N.Y let Florida take this case if I live and opened it in N.Y.

Should I go to family court?

Here in N.Y, you are allowed to ask for an increase every 3 years. I basically just told them that $80 a months isn't really helping me out. I then recieved a letter months later stating a judge made the modification, in which was $160 a month and the case worker told me that "He" was originally supposed to be giving me that much.
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