NY State seems hell bent on inventing Dead Beat Parents. I filed a petition in Saratoga County, NY family court to inform the court that my 18 year old daughter no longer lives with her mother whom I was paying child support too. My daughter left home and decided to live with my parents. I bought her a car and she got herself a job and is going to college part time.
According to NY Law, under these circumstances, she is emancipated and child support ends. My ex-wife filed a counter petition asking for more money for support immediately after receiving the summons to appear in court. We appeared in court for trial 5 months later and the court decided to hear both petitions at the same time. I brought with me signed statements from my daughter and my parents testifying that what I was claiming was true.
When the Hearing Examiner brought up my petition which he did first, he asked my ex-wife where my daughter was living. My ex-wife just plain old lied and said that my daughter lived with her. The hearing examiner looked at me and said ” I dismiss your petition and support will continue.” I held up the 2 letters that I had and asked to present them to the court as evidence in support of my petition. He then yelled at me at the top of his lungs ” I said, The petition is dismissed and support continues!!!.” I then said “But sir, I have evidence!!” He said ” Your petition is dismissed, period!!” He then said, did you know that you owe a lot of back child support??. I replied “No”. He then said ” Looking at your income and going back 6 years, it looks to me like your support is going to be raised and you will owe a lot of back support.” I asked “How much?” He said I will mail you my judgment. He asked me if I have any closing comments.
I told him that the constitution guarantees me fair and equal treatment under the law and considering the fact that this court did not hear my petition and did hear my ex-wife’s petition is prima facte evidence of the court’s intent to deprive me of a fair hearing and intentionally disregard my constitutional rights. He then said. “Dismissed”. A few weeks later, I got the judgment in the mail. It raised my child support from $50 to $125 per week and also said that I was on time on the previous order of $50 per week however since my income went up and since the statute of limitations to collect a past due debt is 6 years the court tacked on another $13,000 of past due support.
I filed objections to the judgment and the Family Court Judge objected to my objections. So then I got a Lawyer and we filed an appeal to the Supreme Court. This court reversed the whole thing based on the fact that the Family Court never looked at my evidence or my Income for the past 6 years like they should have. My child support was stopped and my arrears was eliminated.
By the way if anyone in Saratoga County, NY is reading this, beware of these two people at Family Court. Hearing Examiner Arthur Spellman and Judge Courtnay W. Hall (he’s a male judge). These two guys are on one hell of a power trip and could give two snoots about your rights.
That dad has been invited to join us…