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fortune teller

Gansevoort, NY

#1 Mar 11, 2009
I have a problem with Essex County Family court. Its not a personal problem, but just something I am aware of and wonder what others think. I'm hoping for an intelligent discussion and basically information as to how this "over sight" can be corrected.

When someone petitions family court for a violation of child support, the plantiff ( the person filing the petition) files paper work with all the pertainent information. The defendant (the person against who the paperwork is about) is told when to appear in court. At that time, in Essex County, said defendant is able to ask for a postponment to enable their right to counsel.A new court date is set. The defendant can ask for court appointed counsel and then based upon the defendant's income either be granted or denied. When the new court date is arrives, the defendant can then appear and state "not granted approved counsel due to income limits" and a new postponement date is set so defendant can then obtain private counsel because of income. New date arrives and defendant no longer has income so another round begins with new court date set. So far 3 postponements, and 4 months have elapsed. This defendant is abusing system, knows full well the way the court system works as the defendant has appeared in front of the Judge numerous numerous times and continues with this charade.

In Franklin County, when paperwork is presented to the defendant for Family Court appearence, iincluded in all the charges etc. the defendant is told in no uncertain terms, basically, if the defendant wants to represented by counsel, said counsel must attend at the Court appearence time or there will be no postponment for lack of counsel.

My point being, Franklin County seems to have the right idea. This admonishment to defendant about Counsel allows for swift carriage of Justice. Court time if freed up, paperwork is far less, all support services can be provided to other cases and there is no mockery of the system.

How do we herre in Essex County get our system to function in a more productive way? The benefit to productivity is probably more support to the children and better services to more petitioners. Any ideas?
OMG

United States

#2 Mar 11, 2009
good luck, the same thing happened to me 10 years ago. so i dont think they will ever change.
Two Reds

Saint Paul, MN

#3 Mar 11, 2009
Agreed. This has been going on fooooreeeever!
OMG wrote:
good luck, the same thing happened to me 10 years ago. so i dont think they will ever change.
bugaboo

Cicero, NY

#4 Mar 11, 2009
Essex county is never going to change....the next best solution...move to Franklin County...I for one know for a fact that you get better results and if the defendant is found guilty...they get jail sentence...Judge Main is the best...all for the child(ren)...I won't move out of Franklin County until my daughter is not due support any longer
chris

Pittsfield, MA

#5 Mar 12, 2009
how about when u pursue child support that has not been paid for a loooong time.(long enough to accumulate to around ten grand) and the court says you (the petitioner) has to locate the defendant to get them to court? What are we paying for if we have to do the work?> Yet if a decent local person misses one payment, they come to ur job or home, arrest you, and throw u in jail for non-payment of support? Yet these dead beat scumbags can duck and hide for years and never pay a thing. When u do catch up to them they mayke a half-ass payment and that satisfies the court so there is no jail-time cause "they made a payment". lol The whole system needs a do-over or why bother with it anymore. Not to mention that if I want to adopt my step-child, even though the "father" hasn't had s*&t to do with her since she was 4, I still have to have his F'in permission? Bull! SSorry. Got a bit carried away there. lol :P I tend to go off on this tuff. lol But u get what I'm sayin right?
fortune teller

Gansevoort, NY

#6 Mar 13, 2009
I sure do, this piece of skin was never anything more to his 2 legal children,(he has a total of 4 by the way) than a sperm donor. I know he owe's more than $35,000 (that's 35 thousand dollars to the mother of his 2 children; don't know how much he owes for the oldest; but do know he owes for a 4th child he fathered and acknowledged during his marriage as his). Yet he continues and I feel with the help of Essex County family court system's, so they can continue with their jobs, to elude and evade paying and proving his income. To my knowledge, in more than the 10 years since he was ordered to pay his $100 per week child support for his 2 children,(that's $50.00 per child), he has never been forced or required to prove his income! What a waste off skin and yet again, he has oh so many rights that the court feels duty bound to preserve except how they should be fed and clothed and housed. What a sick situation!!!! And to do the math, at $35 grand behind at $100 per week, just how much has he actually supported his children? How many years is that? Wow what a man! Sure as hell impresses me, what about you?
bugaboo

Cicero, NY

#7 Mar 13, 2009
It is true...Essex County Support Court is a joke as I dealt with them for just about 2 years with violations of non payment...it has not changed and probably never will...and correct me if I am wrong but aren't any and all children fathered by a man their "legal" children...married to the mothers or not...THEY ALL deserve to receive the support they are entitled to...I have fought tooth and nail to get my daughters support and will continue to do so....for the past 7 years since moving to Franklin County I have violated her father AT LEAST twice a year...and he has served jail time for about 99% of those times as he has been found guilty every time of willful violation. It definely takes time and perseverence to obtain justice and maybe the violations for this "deadbeat dad's" middle children should be made more often than every 4-5 years....just a thought!
tax dollars

Reno, NV

#8 Mar 13, 2009
If someone, anyone, at the county level would actually w-o-r-k! for one day and figure out how much money it costs the county in Medicaid coverage, food stamps, etc. to support -some- of these children because their deadbead parents are not, and IF such information was published, maybe just maybe something REAL would be done about this very broken system.

In the end, they are children for God's sake and THEY deserve better. But, I don't think I'll live to see it happen in Essex County.
agree

Lake George, NY

#9 Mar 13, 2009
Sorry but Essex is a sad case regarding court system and social services. Workers are there to hinder, not help. I moved to Essex County from St. Lawrence County (Canton) thinking things would be better. Nope! Everytime I need to go to court with my ex, I have to file a petition in SLC court. So I have to travel to canton. And now ex says he cant afford insurance and the judge ordered ME to put them on Child Health Plus AND I have to pay the monthly fee! UNBELIEVABLE !AND he makes more money than I do! Just can't get over the court systems! Also have had experience with Essex County. They were worse. Went back to school and tried to get help just for the year. WOW!!!This girl named Jennifer at DSS did everything she could to stop me....now mind you I had never been on SS in my life! This girl made me life a living hell.....told her boss her side of the story and obviously they believed her. This was after a meeting with the commissioner....yeah its a joke alright. Just be lazy, sit on your butt, smoke and drink, have lots of kids and they are more than willing to help, but try to better yourself and they will do everything they can to stop ya!!
chris

Pittsfield, MA

#10 Mar 13, 2009
did you also know that if u are still legally married to someone, even if you haven't been together for months, and she gets pregnant by another man, as the legal husband you are still required to pay support for that child? Yeah nice huh! I went through that crap too! Gotta love the system.
fortune teller

Gansevoort, NY

#11 Mar 14, 2009
Chris.... Not so very sure about that. Have a paternity test done to prove you are not the father; the child will still carry your name (smith) but you will not have to pay support and should be able to ask for any child support paid to be returned as it was fraud if she claimed you as the father.
wassup

Troy, NY

#12 Mar 14, 2009
Unfortunately,Essex county seems to be one of these places that doesn't care much about anyone.Just ask someone who is trying to support their children legitametly,and they take away their drivers licsense and mess with them even more.Yet they don't go after the people who are just trying to get out of their responsibilitys
chris

Pittsfield, MA

#13 Mar 14, 2009
fortune teller wrote:
Chris.... Not so very sure about that. Have a paternity test done to prove you are not the father; the child will still carry your name (smith) but you will not have to pay support and should be able to ask for any child support paid to be returned as it was fraud if she claimed you as the father.
In my case I actually asked for a peternity test for her first child but the judge refused to grant me one because we were still married at the time. Then when the second child came....that was definitely not mine....they sent me a court date for child support! Luckily the douchebag that fathered that one was man enough to call the courts and such and signed the birth certificate, so I never had to pay. The situation with the first child left me to believe if u are still legally married to a woman and she gets pregnant then u are responsible for supporting that child until someone takes responsibility. That I think is bull*&It. that is what I meant by the previous post.

Since: Jun 07

Cobleskill, NY

#14 Mar 14, 2009
you can always pay for a test yourself. if you pay you get some time with the child.. i think the best way is to get seperation, if you cant afford a divorce.. i dont know why so many fools think they need to get married.. a few years down the road something happens and they call it quits.. opps they soon find out that it cost tons more for the divorce then to get married. lol gotta love this system.
disestablishment

Henderson, NV

#15 Mar 15, 2009
Unfortunately, like with many other issues, New York is way behind the game. New York is still operating the "common law" system that we inherited from England. The child born "within" the marriage is yours whether it is yours or not. This is supposed to be "in the best interest of the child." But, any reasonable, thinking person can see that this is just not true. A child deserves to know who is and be supported by their biological parent.(However, I always make exceptions when abuse of any sort is present in a situation.)

States, like California, have "disestablishment" laws now which can release a father from legal obligation to a child that is not his. In Vermont, I believe that has been at least one case where a father was released from his legal obligations due to the fact that there was no and had never been any "relationship" between him and the child. In other words, the court felt that it would not "hurt" the child to let go a man who had never been there to begin with.

Write your representative?? Riiight... Don't hold your breath, though.

Personally, my children and I have been going without for years and years now because I do not trust the court in Essex County to figure out that their father is a smooth but complete wacko. He is very abusive, especially verbally, plays head games with everyone, but mostly with those closest to him. Manipulative, evil bastard. And so, I didn't even ask for a penny, and won't EVER!

The children are old enough now that they have heard bad, sometimes very bad, stories from classmates about court orders--custody and child suport--and are grateful to be "going without," most days. Also, they've heard plenty, plenty from friends (and some adults) about their father and want nothing to do with him. That happens in a small town like this. I never had to say anything.

Yes, it IS b.s., and as I implied, a very backward system. Yeah Essex County--idiots!
chris wrote:
<quoted text> In my case I actually asked for a peternity test for her first child but the judge refused to grant me one because we were still married at the time. Then when the second child came....that was definitely not mine....they sent me a court date for child support! Luckily the douchebag that fathered that one was man enough to call the courts and such and signed the birth certificate, so I never had to pay. The situation with the first child left me to believe if u are still legally married to a woman and she gets pregnant then u are responsible for supporting that child until someone takes responsibility. That I think is bull*&It. that is what I meant by the previous post.
fortune teller

Gansevoort, NY

#16 Mar 16, 2009
So the question remains, to whom should this be addressed? To whom should letters be written? And to whom should be cced on the letter? Anyone with information about such business as this, please respond. the children of these deadbeats are entitled to be supported; the taxpayers of Essex County are deserving of better effiency within the Courts; and lastly, those waiting in line for Family Court appearences are entitled to swiftly appointed Court dates.

Any Town Supervisors reading this, your help would certainly be appreciated.
you know67

Howes Cave, NY

#17 Mar 16, 2009
I think it's funny that my 16yr old has been receiving support for 14yrs and started out at 50something a week and now 14yrs later and only because of cost of living increasements my child receives 70something. Now I am greatful for everythin my child gets even though the father hasn't been in her life for 9 yrs(his choice), how far does 70something dollars get a 16 yr old, with school supplies, personal things,clothing, and occasionally somethin that she doesn't need but likes.It doesn't go far even though she stretches it. Courts should look into the growing needs of a teenager and not think of them as a baby or child. Their needs are different. A 10 dollar pair of shoes for an infant is totally different from a fourty dollar pair for a 16yr old. I know others agree with me on this but what can be done.

Since: Jun 07

Cobleskill, NY

#18 Mar 16, 2009
just go to court =with papers stating why u need more money over what you are getting now. we are only getting 35 a week.. for my child.. what bull.. does not even cover half the cost of things she needs. but, i not pushing the issue due to her father never coming around since she was a baby. and i am loving it.. dont have to see his dumb assss.
children

Henderson, NV

#19 Mar 16, 2009
I believe the answer to this is a big one. I think that legislative action needs to be taken, at the federal level.

However, being the realist that I am, I don't believe I will see any real changes in my lifetime, and I mean that. My children and almost grown, and they have suffered a lifetime of literally going without while their father, and his other children, live the high life. Has living a tough life affected them, especially knowing that it was all completely unnecessary? Oh yeah! Do you think there's one politician out there, one judge, etc. that gives a damn? Not a chance.

Why do I say at the federal level? Because, and here's some bad news, I've lived in other states where the "system" is worse.

Honestly, I gave up writing letters and meeting with politicans of all ranks years ago. They just don't care.
fortune teller wrote:
So the question remains, to whom should this be addressed? To whom should letters be written? And to whom should be cced on the letter? Anyone with information about such business as this, please respond. the children of these deadbeats are entitled to be supported; the taxpayers of Essex County are deserving of better effiency within the Courts; and lastly, those waiting in line for Family Court appearences are entitled to swiftly appointed Court dates.
Any Town Supervisors reading this, your help would certainly be appreciated.
bugaboo

Baldwinsville, NY

#20 Mar 16, 2009
For all that it's worth...if you don't agree with how a Judge proceeds, you can go to the NYS Judical website and get the name of the Judge's "boss"..it is seperated by districts ...write or e-mail that person with your complaints...I was given this information from one of the Investigator's in the Franklin County Support Collection Unit. You can also go to the following site and send an email to the Govenor of New York with your complaints...
newyorkchildsupport.com
Not saying any of it will make a difference but maybe if enough people send emails...someone may look into it.

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