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    Kickchamp28's Avatar
    Kickchamp28 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jul 14, 2012, 08:32 PM
    Child support/custody battle
    I have an on going battle in Ontario co. Family court ny. I have not seen my son since age 1. Was asked to waive my parental rights so the new husband could adopt him. I was living in Texas and they in ny. I waived my rights and they never adopted him. Also at the same time jacked my child support from $25.00 a month to more than $180.00 per week, without a court hearing or making a proper attempt to contact me for said court hearing. I just got payment stubs. Was not making anything close to base more than $180.00 at 17% which is the standard for 1 child in nys. Unreal how this court manages to do as they want for her. Additionally said child has lived with her parents for a long undesclosed amount of time and she was still getting her checks in the mail. 11 years later this is still the case. I have been to multiple mental institutions (bi-polar 2, PTSD, manic depressive), additionallyas of recent (since November of last year, is currently July) I have been going through significant physical issues, uncontrollable vomiting, degenerative disk disease and scoliosis. I have had an endoscopy done in December of last year and chrones is negative but they did take a large grey matter from my intestines, and with the scoliosis & degenerative disks the liquid is depleated to the point that I am now after many tests been referred to the orthopedic surgeon, and my spine is bent up pretty badly now referred to the pain management specialist as well. I now live roughly 8 hours away from Ontario county, and even with multiple (different) doctors letters that I should not travel and should not lift over 5 lbs. or stand for longer than 10 minutes at any time the judge has stated that I must physically appear to court. Additionally my child support has been ?amended? From $35.00 per week back to $105.00 per week again without a court hearing and the court knowing that I can barley manage to dress myself on a good day... That know that I am unemployed, and furthermore my "court appointed lawyer" tried to throw my under the bus, by telling me not to drive that far and to go to the hospital for help the day before court (which was very much needed). When I was released from the hospital finally I called "my" lawyer and he stated verbatium that the judge didn't want to hear any of that and issued a warrant for my arrest, and when brought up to "my" lawyer he said he never said for me to go to the hospital instead, so I played the conversation back to him. He studdered a bit and said that he will not talk to me or handle my case. I shared this conversation with the family court and they lifted the warrant. Now I have 40 days until the next court hearing and I still have no attourney, and the judge is making me physically appear 8hrs. Away and not through electronic testimony. I'm feeling that no matter what I do I am headed to jail. I feel continually barraged by this court and I'm no lawyer, I don't know what to do, with no council and multiple letters from different dr.'s stating that I shouldn't travel 10 minutes. let alone 8hrs... I understand that it is a lucrative business sending people to jail and that jails Re privately owned... I have been under the federal poverty guidelines since 2007. What do or can I do. I am very cornered in and have no idea if .6ing the judge is wise or even possible. They have to prove how they came to the child support total weekly payments in the past I'm kind of sure but when asked they said that they don't. What's done is done. Please help I'm stranded intentionally by this hearing county.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Jul 15, 2012, 06:05 PM
    Quote Originally Posted by Kickchamp28 View Post
    They have to prove how they came to the child support total weekly payments in the past I'm kinda sure but when asked they said that they don't. what's done is done. Please help I'm stranded intentionally by this hearing county.
    No they have not to prove it. It is called "imputed income" by default and you are the person who has to contest it.
    NDE PTSD's Avatar
    NDE PTSD Posts: 14, Reputation: 1
    New Member
     
    #3

    Jul 21, 2012, 08:36 PM
    I wish you well as it sounds like you are dealing with a lot of medical issues. I hope that you can just be the best father you can for your child and remember that you are the father and this is your child. I Hope the best for you and your child.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 22, 2012, 05:44 AM
    Quote Originally Posted by NDE PTSD View Post
    I wish you well as it sounds like you are dealing with a lot of medical issues. I hope that you can just be the best father you can for your child and remember that you are the father and this is your child. I Hope the best for you and your child.


    This is a legal board - please limit yourself when you are "here" to addressing the legal issues.

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