Suffolk County Family Court - Child Support

[NMCB13]

I am despite for help!
I was married in New York (Long Island) and moved to Florida. In Dec. 2000 My lawyer told me that I was to attend a hearing on 26 Jan. 2001 at the Suffolk County Family court. I told my laywer to request a postponement for I could not attend. Up to the week before the hearing I tried to contact my lawyer and he never returned my calls. About the middle of Feburary I received a letter from my lawyer that the Hearing examiner denied the postponement Futhermore, that he stated that I relived him.
The default hearing rendered a monthly child support payment of $909.00 a month. this was based upon inaccurate finicial information. The Family court also declaired an arrears of $15,000 which was incorrect.
I had been making voluntary payments for over a year.
For over a year my paycheck was garnished at a rate of 45%.
I submited three motions and all three were rejected. They have imposed tax intercepts, garnish wages from part time jobs and most recently tried to garnish my bank accounts. Also the department of Social Services has attached an amount that the X-wife had received WHILE i was giving her child support.

I am broke, and no matter who I talk to they want mucho money, yet nobody can answer any of my questions!!!

1. How can I overturn the default desision?
2. How can I recoup the money from the DSS?
3. What can be done to correct this matter????

If I try to submit a motion for anything it is rejected by the hearing officer.
Can I sue her. or somebody ????

 

[Michael Wechsler]

1) If you have a letter from your lawyer dated Feb. that your Jan hearing was not postponed per request, I'd show that to court for inadequate representation by counsel and you should not be penalized.

2) You'll have to deal with the court, likely.

3) Speak to the court first. You will need to find out everything.

I have found that typically the situation you described does not happen. Most attorneys send their clients letters in time for them to make accomodations or make them aware of responsibilities. You should check your facts carefully.

 

[NMCB13]

When I posted this message I had sent for the transcript for the default hearing.

Please correct me if I am wrong:

A lawyer would send copies of correspondance and leters related to his case, to his client and send them return receipt as a good pratice.

The lawyer would keep his client informed.

A divorce can be granted at the same tiime that a child support is in motion.

To request a postponement most lawyers would call the judge or the Judges clerk to request a postponement.

The constant problem with this Lawyer was that I was always in the dark. He would not return my phone calls while in NY or in FL.
I signed a contract with him for wich I never received a copy signed by both of us! I also told him to issue divorce papers and he sends a draft to my X.

We (my X-lawyer and I) went to the first hearing. a year later we are still in family court. What I didnot know was that the county lawyer and the X-wife's lawyer and my lawyer requested 9 posponements for thier convience.

During the default judgment, my lawyer requseted a postponement that day, and stated that I was not coropating with him, and stated that I was somewhere in FL.

The default judement is bunk! the finical inforation is incorrect, the figured in reimbursible expences to my base salary, and other factors.

Can I appeal to the Surperme court? if so how.

I also sent a formal complaint to the Bar Assoication, which they found nothing profesionally wrong....

 

[Michael Wechsler]

Why did the bar find nothing wrong?

 

[NMCB13]

The bar assoication stated that Professionally there was nothing wrong???????

 

[Michael Wechsler]

They usually explain the reason for their decision. There should have been specific allegations and then a statement concerning the evidence applied to the allegations.