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dawn0216 · Jan 10, 2009, 07:43 PM

Originally Posted by califdadof3

1) your away from your abusive ex. 2) you have friends and family that are there to help you ( thats a HUGE bonus ). 3) your getting help with collection of the debt for free. So as dire as it is you could be worse off. No magic answer. Its your life and your the one thats going to have to figure it out .. one step at a time.

Yes I am away from the Ex. 80)
My family lives in California, that's why I was so isolated.
And I have one good friend and really feel bad about the burden he has taken on.

I am concerned about the companys ability to get a good lawyer when I don't have that advantage.

I told my daughter in college she would have to be emancipated and file for public assistance. I just cannot do it anymore

JudyKayTee · Jan 10, 2009, 08:31 PM

Originally Posted by dawn0216

I am getting one check for both but because the kids are with me my portion is very small. But the fact is we are not getting any of it ... nothing. I was told when the children are gone I can goto court and get the spousal support I am due.

This is not a message board nor should it turn into one BUT if this is a NY divorce (and I believe you said it is) then something is very wrong here. When I divorced I wanted to waive spousal support but the Judge would not allow it. I was told it HAD to be part of the divorce decree but then if I didn't want to pursue it, I could do so.

Again - something is confusing or incorrect here.

dawn0216 · Jan 18, 2009, 08:42 AM

I need information from Support Collection Unit. I need to know all the times my Ex did not pay. They said they will not get the information. I need to give them the dates he didn't pay. I don't understand. Isn't this all computerized. Why can't they give me a list ?

JudyKayTee · Jan 18, 2009, 09:15 AM

You have a hearing scheduled - right? Subpoena it.

If they don't want to cooperate or release the info, legally force them to do so.

dawn0216 · Jan 19, 2009, 01:14 PM

Subpoena... great great great... yes.

Also I noticed support has me going to court against my EX and not the company. Is this correct? The company isn't taking out the payments.

JudyKayTee · Jan 19, 2009, 01:55 PM

Originally Posted by dawn0216

Subpoena ... great great great ... yes.

Also I noticed support has me going to court against my EX and not the company. Is this correct? The company isnt taking out the payments.

In my very first post, after reading the scenario, I said, " I don't know why his employer would come to Court with an Attorney or, for that matter, if they did, why they would be heard. The employer isn't a party to this."

this8384 · Jan 19, 2009, 02:32 PM

Not sure on NY law, but in Wisconsin, if you owe over $100 in back child support, child support will automatically flag your tax return for interception. Although I had a friend go through this; they flagged her ex-husband's return but didn't intercept it so she had to wait another year... maybe this time they'll do their job, you never know.

lauren6318 · Jan 20, 2009, 08:02 PM

So... remind me WHY you had to kill your pets instead of adopting them out?

dawn0216 · Jan 20, 2009, 08:41 PM

I had 2 weeks to move out. I did adopt most through craigslist but not all... I tried.

I am getting very worn having to take care of the children remotely, go to school and going to court. I do not have family in NY. This is so hard to do.

dawn0216 · Feb 1, 2009, 05:29 PM

I went to court against the Ex. The Ex said it was his boss. Now the court is going after the Boss. I believe my Ex is lying but that will be found out. Now my Ex called the social worker and said that the kids are doing drugs where my 14 year old is... when will he stop. How do I stop this harassment.

JudyKayTee · Feb 1, 2009, 05:42 PM

Originally Posted by dawn0216

I went to court against the Ex. The Ex said it was his boss. Now the court is going after the Boss. I beleive my Ex is lying but that will be found out. Now my Ex called the social worker and said that the kids are doing drugs where my 14 year old is ... when will he stop. How do I stop this harrassment.

You really can't - you keep going back to Court with your proof. Eventually the social worker tests your 14 year old, find out the "ex" lied, social worker loses interest.

If you are being threatened in some way, then you get a restraining order.

dawn0216 · Feb 1, 2009, 06:11 PM

Well he did say he was going to destroy me to my daughter. Said it before court. But I don't think he meant physically. He doesn't want to pay support or have anything to do with the kids

JudyKayTee · Feb 2, 2009, 06:36 AM

Originally Posted by dawn0216

Well he did say he was going to destroy me to my daughter. Said it before court. But I dont think he ment physically. He doesnt want to pay support or have anything to do with the kids

Then you keep taking him back into Court until he's found in contempt and put in jail.

You cannot force him to have contact with the children.

GV70 · Feb 4, 2009, 01:55 AM

Title III of the Consumer Credit Protection Act (CCPA) protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee's earnings that may be garnished in any one week. Title III applies to all employers and individuals who receive earnings for personal services (including wages, salaries, commissions, bonuses, and income from a pension or retirement program, but ordinarily not including tips).
Title III also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. The federal minimum wage is $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009.

In court orders for child support or alimony, Title III allows up to 50 percent of an employee's disposable earnings to be garnished if the employee is supporting a current spouse or child, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears. The restrictions noted in the preceding paragraph do not apply to such garnishments.

Compliance Assistance Employment Law Guide - Wage Garnishment

dawn0216 · Feb 7, 2009, 12:38 PM

Uggg...
I went to court my Ex showed paystubs from the time support forced him. The judge said he wants the company in the court and set a date. He said I did not have to be present in that case. I didn't get the date, it has been 2 weeks and no letters and no money. Back to support. Again nothing. This is exactly what happens all the time.

dawn0216 · Mar 1, 2009, 05:43 AM

1 month later no letters by the court, no information at all. This is what I mean the courts don't do their job. AND to boot my EX is now taking me to small claims court for a tread mill. It was a gift to the kids and we needed to pay for things. It was used for food and clothes. I guess there still are payments outstanding. He said it wasn't addressed in the marriage papers. Nothing was addressed not even his retirement.

dawn0216 · Mar 1, 2009, 05:46 AM

Can he go after me for something I got ride of before we signed the agreements and got divorced? What is the limitation in NYS

dawn0216 · Mar 1, 2009, 06:37 AM

"Omitted-Property"

He has to prove fraud? That the property was not known? A party must find justification for reopening a settled distribution?

So he can not take this to small claims?

dawn0216 · Jun 21, 2009, 08:36 AM

He lost on suing for the bowflex. They said he should have taking care of it in the divorce.

dawn0216 · Jun 21, 2009, 08:43 AM

I finally got a home for the kids and I have to rely on his checks.My income is not enough. The first thing he does after finding out I got a home is stop paying again. Also the gas company has slapped the money I owe them onto my bill and soon will cut off gas and electric. I tried to file for bankruptcy only to be told I need a lawyer to do that. Here we go again, everything is collapsing. Support is truly useless. The judge said that he wants the company in court so he can figure out what is going on. Someone postponed it and the case never came. I can not afford a lawyer. The one I paid for did little and wanted more money. I am at a point that I will have to foster my 15 year old. I have no other choices left.