How can I get Support Magistrate to make a final decision in NYC on Violation of Support Order being dragged out for 16 months?

Asked 3 months ago - Brooklyn, NY

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Filed a violation of support order in NYC Sept 2011 . he claims unemployed with no income as reason for nonpayment for 8 months . Claims family has been paying rent & expense for years . Respondent filed downward modification a month later & applied for SIS , which he was denied and has been appealing for the past 16 months . Monthly adjourns & at the 15th adjournment I requested Magistrate to make a final decision on case as , 15 months was reasonable time to allow for disability appeal & he been paying well above temp modification . Judge agreed then at 16th adjourn changed his mind . Also since 12th adjourn been requesting respondent submit Financial Affidavit with support letters - which he's NEVER been required to do . Magistrate orders monthly but no compliance made , even though I ask monthly .

Additional information

My argument monthly is that (1) respondent has income - gifts from relatives - as he receives it consistently for years. (2) he hasn't received disability, but for over a year has made payments of $200 on average, but temp mod is for $50 monthly - how is doing that with $0 income. (3) he lives alone in a 2.5 bedroom apartment, but is not being evicted or on public assistance of any kind. (4) he works off the books so there is no way to determine his true income (5) even with disability, it still will not be enough to cover all his living expenses - which could be proven if the court made him comply on the order to bring in financials with letters of support. Despite all of this the Magistrate refuses to proceed with a trial & never requires him to submit correspondence from SSI while awaiting this appeal that he's not guarenteed to be approved for.

Attorney answers (3)

  1. Licensed in NY

    New York Family Law Attorney
    Contributor Level 10

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    Answered February 19, 2013 10:18. I am afraid that I don't have a very helpful or optimistic answer: I am a very experienced family law attorney and, even so, face this same problem in getting Support Magistrates to move cases along for my clients even where enormous sums of money are owed. There is a serious problem with a system that repeatedly adjourns cases or delays decisions. I do not exactly understand the procedural posture of your case, so I do not know if there is anything an attorney can do to expedite it but it is worth consulting with someone.

    * This information is general legal information and is not intended to be advice on your particular case.
  2. Licensed in NY

    Wantagh Family Law Attorney
    Contributor Level 7

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    Lawyers agree

    Answered February 16, 2013 14:48. Unfortunately, this has been dragging on for way too long, and that makes it more difficult for you to press forward. You really should consult with an attorney who can make an application to the court for relief you seek.

    This post does not constitute legal advice. It is meant to provide general education in this topic area. Readers... more

  3. Fort Myers Personal Injury Lawyer
    Contributor Level 20

    1

    Lawyer agrees

    Answered February 16, 2013 16:45. Hire a lawyer. This is way too much for you to deal with.

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