arrears-need case law

[lori526]

I filed in June '04 with child support enforcement services. After several court dates with the ex as a no show and his attorneys office giving one excuse after another, they asked to have the case combined with one in Supreme court to deal with money we have in an escrow account. My attorney suggested I agree--the judge would grant it--why delay it. Oct.'05 ex decides to file in family court for downward modification, after he decided on his own to just lower what he pays. After several no shows by the ex and continued excuses from his attorney--the judge dismissed it based on the fact that we have a child support issue pending in Supreme Court. Here we are close to 3 years later, maybe close to a day in front of a judge and ex files in Supreme, the day before we are due in court for downward modification and asks the judge to honor the date he filed in family court in '05
with respect to the arrears. It would be laughable, however the judge told my attorney she feels it "wouldn't be equitable" and would allow it! He owes me $25000.00 in back support. He doesnt pay for any child care, extracurricular, medical etc. NOTHING! What are my options? Does anyone have a case law to support me?

 

[Duranie]

I cannot give you any case law info, but have you contacted any child support collection agencies? They might have better luck going after this deadbeat. If you solely rely on the family court or CSE, you are bound to keep waiting.

Good luck though.

 

[lori526]

been there

Thanks- June '04 I filed with child support agency. The main problem I am having is that he has managed to put off the court prceedings for 2 years 9 months--without a hearing--he keeps himself clear of any judgements--w/o a judgement my hands are tied. So he goes on year after year--collecting tax refunds, filling his bank account, keeping his driver's license, business license, etc etc....I have had to borrow the money I counted on for child support--thinking and being told that someday he will have to pay it back! Now an obviously brainless judge feels it is right to honor a dismissed case dated over a year ago!

 

[Duranie]

Try supportkids.com. Since your ex has assets and bank accounts, a collection agency will probably have some luck collecting. i would go this route since it is obvious you are not seeing any money.

 

[seniorjudge]

I agree in principle that you should get a collection agency.

I do not know who is bad or good in this area; shop wisely before you choose.