Judge, "Cant enforce support because he lives out of state"?

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Latest post 10-29-2010 9:13 AM by splum1. 11 replies.
  • 10-28-2010 12:06 AM

    Judge, "Cant enforce support because he lives out of state"?

    I live in NYC and have not received child support since March 2009.  I have been back and forth to court the past year trying to enforce support but my sons father lives in Florida and has never shown up even though he was served.  Today was the last hearing where the judge said we would proceed with or without him.  I am very disappointed because I at least expected to be heard out.  The judge shut me down immediately and told me nothing can be done since the father was out of the jurisdiction. She couldn't make a modification since she wouldn't be able to enforce support or an order for arrest since it would need to be carried out in Florida. She did give me a money judgement of $1500.00 ($87 a month) and said once I received those papers I should go back to family court, to the enforce and modification division and start proceedings in Florida. It seems everything would pretty much be transferred to FL and I would be the one to make telephone appearances. She said if I do it this way, Florida would be able to enforce support or make an arrest.  I was just wondering if all this sounded right?  I feel this whole year has been a waste! If I would have been told this from the beginning then I would have done it. But instead I was told to go back and forth 4 times the  past 10 months for nothing. Any thoughts?

  • 10-28-2010 6:22 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of state"?

    Judges ( usually) know of what they speak.  You would register the judgment in Fl ( through your child support enforcement office)- they (FL) would then be able to proceed on enforcing the order.  Jus what the judge told you.

  • 10-28-2010 7:12 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of state"?

    I am in one state and my ex is in FL.

    FL enforces the child support order.

    You will need to know what county he is in and you must have a home address for him.  They are going to what a copy of the orders.

    Contact the local child support office (it is called DOR in Florida - Department of Revenue) and ask them what you need to do to register the NY orders in FL and ask for enforcement.

    NY has no way to enforce it when he is down there.  Don't expect the FL DOR to be speedy either.  They won't be but eventually they will catch up with him.

  • 10-28-2010 8:01 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,275

    Re: Judge, "Cant enforce support because he lives out of state"?

    I'm not so sure the judge could not issue a bench warrant for contempt  (just in case Dad gets stopped for speeding on a visit to NY ?)  Or if Dad had been properly served, that the judge could not proceed to to modify the amount of support----I don't know--dig deeper.

    But as to enforcemet--you need to get order transferred to right county in FL.



  • 10-28-2010 8:27 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of state"?

    There is no "bench warrant for contempt" and a judge can't find a person in contempt without a hearing- with them there.

  • 10-28-2010 8:50 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of state"?

    Drew:
    I'm not so sure the judge could not issue a bench warrant for contempt  (just in case Dad gets stopped for speeding on a visit to NY ?) 

    No. The judge would first have to find the father in contempt. Before she could do that, typically she'd need to issue an order to show cause and have him appear in court to answer. The problem with all of that is that the father is out-of-state, and the court is apparently lacking in jurisdiction over the father. Thus, they can't get a show cause order served and can't compel him to answer. In that situation, contempt sanctions aren't going to happen.

    The court could enter the judgment on the previous order that was issued (and presumably the court had the jurisdiction over him back then), which is what the judge did here. Not knowing the full procedural history here, it may well be the case that this is all the NY court could do. In general, you need to use the courts in the state where the debtor has assets or income to collect from his assets and income. In this case, he lives in Florida and thus likely that is where the bulk of his assets and income are located. That's the route the poster will have to go ultimately to collect. It is a cumbersome process, to be sure, but if she follows through she may well see some money from it in time.

  • 10-28-2010 11:45 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of state"?

    And even IF there HAD been a hearing and a finding of contempt, AND if a warrant were actually issued after the fact, that warrant is almost certain to limit extradition to NY and possibly surrounding state - but NY isn't going to extradite from FL for a child support contempt case (at least that's been my experience in trying to confirm quite a few such NY issued warrants where the subject was found here in FL). The only positive side is that when law enforcement in FL DOES contact NY to ask if they want to come get them - at least NY (and by extrapolation the parent seeking the funds) will at least have a clue as to where to start hunting for him.

  • 10-28-2010 10:39 PM In reply to

    Re: Judge, "Cant enforce support because he lives out of sta...

    Thanks for all the information. I know a judge would know what she's talking about, I just thought things would have worked out differently.  I am goiing to go through with it, but at least now I know to expect it to take a while. Only downside is it will give my sons father time to get up and hide again......... I will keep my fingers crossed and hope he's none the wiser.  He has been calling me to see what the court said.... funny this person doesn't call to see how his son is doing the past 7 years but he calls to see if there is a warrent out for his arrest. I never answered him, told him to call the court in NY if he cares to find out and hung up.  At least FL laws are super strict about child support, way more strict then NY. So once everything is processed, set and ready all I will have to do is do the hearing over the phone.Thanks again the information is very much appreciated.

  • 10-29-2010 4:48 AM In reply to

    • emilygcp
      Consumer
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    • Joined on 07-25-2010
    • MA
    • Posts 34

    Re: Judge, "Cant enforce support because he lives out of sta...

    Hang in there, I did and am still going through this situation. It is a waiting game, the first time I filled with DOR in state NCP lived in, it took about six months (and that was with me consistantly calling my DOR case manager weekly). A judgement was ordered in his state but once it was paid, he was already in arrears again. Now DOR says I need to do the process all over which again atleast six more months.

    The judge in my state has issued capias' on NCP but it can not be enforced unless he is in my state, which he never is as vists are in his state. Stay postive and it will eventually work. Just need to stay on top of DOR and make sure your paperwork is processing and not just sitting on someones desk!

    Good Luck!!

     

  • 10-29-2010 6:38 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of sta...

    LindaAre315:
    At least FL laws are super strict about child support, way more strict then NY.

    I can attest that this is a true and accurate statement.  Your son's father WILL be held accountabale.  Contact FL Child Support Enforcement and get the ball rolling. 

    It might not be on your desired timetable, but it WILL happen.  I have been a former recipiant of the Florida system.  I might not be a fan, but I do give them their "props".

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-29-2010 6:45 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of sta...

    An added note, FL CSE caught up with me (after awhile), ONLY when I filed my U.S. Income Tax Return.  Guess what?  You will get that too!

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-29-2010 9:13 AM In reply to

    Re: Judge, "Cant enforce support because he lives out of state"?

    Regaring "At least FL laws are super strict about child support, way more strict then NY"

    Not necessarily.  This wholly depends on what county he is in.  If you are talking Broward or Dade, forget it...they have a million cases and it takes FOREVER to enforce.  Once they do, they are ok about it but don't expect miracles. My ex owed 35k and went almost two years before they even filed contempt.  The DOR/CSE in those counties and any of the larger counties have too many cases and alot of deadbeats who intentionally go there because they know those counties are very bad at doing anything about it.  Even with owing 35k, he has never faced jail time or had to do  little more than paying what equates to half of one months payment to avoid contempt.  It definitely will depend where he is about what is done.  

     

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