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    kryssy325's Avatar
    kryssy325 Posts: 41, Reputation: 1
    Junior Member
     
    #1

    Sep 23, 2008, 02:23 PM
    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 isn't 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 received 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 received 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 receive 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,
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
    Ultra Member
     
    #2

    Sep 23, 2008, 02:59 PM

    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.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #3

    Sep 23, 2008, 04:05 PM

    You need a lawyer for your case. There is a lot of conflicting information going on. Some of the things aren't even legal. Who were you receiving the money from ? ( what agency )
    Also if they did as you have stated and transferred it out of state then that's who you have to deal with. A judge can't order a person to pay CS at one rate and then years later change their mind and make it a different rate and caus arrears ( that's 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.
    kryssy325's Avatar
    kryssy325 Posts: 41, Reputation: 1
    Junior Member
     
    #4

    Sep 23, 2008, 06:24 PM

    I was receiving the money through child support collections. They were in agreement with his employer. At some time when my daughter was younger I received food assistance and a few years later It stopped because my income increased.

    I then received 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 received 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.
    kryssy325's Avatar
    kryssy325 Posts: 41, Reputation: 1
    Junior Member
     
    #5

    May 28, 2009, 10:35 PM
    Actually, yes it happened. I had finally gotten some answers after months of running to courts, calls to Florida, calls to NY chld support and finally learned what happened. It amazes me all the time and trouble I invested in finding this out and feel both states should have known! The last time I saw that man I was 3 months pregnant. He has never seen her and no joint custody.

    I had to write several letters explaining and sent to anyone but everyone lol.

    Apparently, Florida did take the case since he lived there. I have always lived in NY and never had to go to Florida. While trying to have the case transferred to NY, the woman whom I spoke to suggested it was best for me to leave it in Florida that way they can act faster in finding him and dealing with this case. I then left it alone.

    I no longer bother with the whole child support thing. I learned the system really doesn't care and I invested a whole lot of time and energy in trying to obtain child support that rightfully should be given and yet I get nothing. Every time they find his new place of employment, he just quits his job and the circle starts all over. Beside I was only receiving $160 and month and only after I requested a modification... I was getting $80 for 3 years, it was when the modification went through the "HE" stopped paying.

    I gave up! Now we do not receive anything and child support never informs us of any actions being taken or the status of our case. I have not received not so much as a letter in years.

    I have a question:

    I once received his entire tax return. I haven't in the last few years. Any reason why? Or is this legal? Lets say if he is just not filing.

    Thanks for reply:)
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #6

    May 29, 2009, 03:08 PM
    Quote Originally Posted by kryssy325 View Post
    Actually, yes it happened. I had finally gotten some answers after months of running to courts, calls to florida, calls to NY chld support and finally learned what happened. It amazes me all the time and trouble I invested in finding this out and feel both states should have known! The last time I saw that man I was 3 months pregnant. He has never seen her and no joint custody.

    I had to write several letters explaining and sent to anyone but everyone lol.

    Apparently, florida did take the case since he lived there. I have always lived in NY and never had to go to florida. While trying to have the case transferred to NY, the woman whom I spoke to suggested it was best for me to leave it in Florida that way they can act faster in finding him and dealing with this case. I then left it alone.

    I no longer bother with the whole child support thing. I learned the system really doesn't care and I invested a whole lot of time and energy in trying to obtain child support that rightfully should be given and yet I get nothing. Every time they find his new place of employment, he just quits his job and the circle starts all over. Beside I was only recieving $160 and month and only after I requested a modification....I was getting $80 for 3 years, it was when the modification went through the "HE" stopped paying.

    I gave up! Now we do not recieve anything and child support never informs us of any actions being taken or the status of our case. I have not recieved not so much as a letter in years.

    I have a question:

    I once recieved his entire tax return. I havent in the last few years. Any reason why? or is this legal? lets say if he is just not filing.

    Thanks for reply:)
    You really need to straighten this out. Get a lawyer if you can.. even a probono legal aid will do. What your asking for isn't that hard and I suspect that you haven't really been doing things like your saying.. not that your making it up but your missing steps all over the place.

    1) to get a copy of the court order you don't go to the child support agency and talk to them.

    2) You need to find out who exactly has the case and what agency is handling it.

    3) you need to contact them and make sure they are aware of your move.

    4) to get a copy of your order you can go to the court that issued it.. That would be the NY court. Find your case number or whatever you have for references and get a copy directly from the court.
    kryssy325's Avatar
    kryssy325 Posts: 41, Reputation: 1
    Junior Member
     
    #7

    May 29, 2009, 07:26 PM

    Marty, I never asked and even went so much through th trouble of trying to receive child support until I received a letter in the mail from OES stating that they found his location and that they will like to start the procedure to take him to court to pay THEM back for the couple of years Ive received assistance. I still didn't until my family suggested that I should.

    Why wouldn't I seek child support? I didn't have a one night stand with this man! I was engaged when he went and cheated and I left. That simple. I was 4 months pregnant and an abortion at that time was not an option for me. Just because he decided to go do what he did, doesn't mean now Its all my responsibility. I went 8 years before getting a penny from him.

    I don't need to explain my personal business like this, but so you understand one thing, I am a single with one child and life has not been easy. Every cent I get go to her and her needs whether it be her college fund, clothes. I don't care that he isn't in her life, that was his choice, but I didn't make this child alone. Secondly, if it's the law to pay child support then it is obviously "right". What he choose to do was his business, but I have and always will take care of my daughter. Also, I do worry about my life, that's why I have done so well. Im not rich, nor am I poor but it did help. And yes there were times I struggled and that money did help.

    I didn't post this to get personal advise, I posted it because I need legal.


    Califdad of 3:

    I have done all that I stated in the previous post. I finally did obtain a copy of the court order only after I was told in order to receive it I had to send a letter to Florida courts with a small fee, I think $2, and I finally had it mailed to me. I couldn't get it in NY because since he lived in Florida the case was there.

    Florida has the case there.

    I needed the copy of the order to have my case moved from brooklyn to Suffolk because I moved last August. I didn't do it.

    Marty I do feel insulted by your statement, but I know a single mother would never write something like that. I have nothing personal against him, I offered to make an agreement with him before going to court and suggested that he send a couple hundred for her birthday, school clothes and christmas. Can he have it any easier?? He said NO!

    Thanks guys
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #8

    Jun 11, 2009, 05:32 PM

    I have cleaned up this thread, please keep on topic and keep your information correct

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