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In Suffolk County NY, in July 2005 I was awarded temporary physical custody of my 2 children pending the outcome of a 2 1/2 year custody trial. In September 2005, I came to am agreement with BM to share 50/50 residential custody of both children; 1 week with me, 1 week with BM. In June 2006 a child support magistrate terminated my support payments after BM withdrew her claim to support during the hearing. BM appealed and in September 2006 her appeal was denied.

I am now being sued by Social Services for Welfare benefits BM has been receiving on behalf of our 2 children. BM is engaged and her fiance has a brand car and new motorcycle. They pay $2200 a month rent, have purchased new furniture, a new computer, a 42" plasma and 2 weeks a 2007 car, which they put under her father's name. BM quit her job and has voicemail messages that state she might have a business on the side. Her fiancee works off the books and also has a company website registered to him.

1) What can I expect in this type of hearing?

2) What are the chances I will have to pay out child support?

3) Any advise would be greatly appreciated

In Suffolk County NY, in July 2005 I was awarded temporary physical custody of my 2 children pending the outcome of a 2 1/2 year custody trial.  In September 2005, I came to am agreement with BM to share 50/50 residential custody of both children; 1 week with me, 1 week with BM. In June 2006 a child support magistrate terminated my support payments after BM withdrew her claim to support during the hearing.  BM appealed and in September 2006 her appeal was denied.

I am now being sued by Social Services for Welfare benefits BM has been receiving on behalf of our 2 children.  BM is engaged and her fiance has a brand car and new motorcycle.  They pay $2200 a month rent, have purchased new furniture, a new computer, a 42" plasma and 2 weeks a 2007 car, which they put under her father's name.  BM quit her job and has voicemail messages that state she might have a business on the side.  Her fiancee works off the books and also has a company website registered to him.

1)  What can I expect in this type of hearing?

2)  What are the chances I will have to pay out child support?

3)  Any advise would be greatly appreciated

I was divorced in 2002 and we reside in NY.  BM has had me falsely arrested 2x in another county. I accepted an ACD the 1st and was exonerated the 2nd.  She purgered herself throughout the trial and I have the transcript but the statute of limitations has run out.  In the past 3 years, she has filed 3 ACS reports agianst myself, my wife, naming our son and an elderly family member.  All closed unfounded and I have the reports. I have never had any other troubles with the law in my life.

Many of the ACS reports are allegations BM claims the children have made to her but 2 GALS found the children were untruthful and a forensics evaluation report documents the children have been coached by BM.
 
I was awarded a small claims judgement of $6,000 with the arrest but she has no equity and changes jobs every 3 months.  

BM's 2nd husband spent 6 months in jail and is currently back in jail awaiting charges similar to the allegation made against my familty and myself.  However, he has an extensive criminal background.

We spent many years on trial and have spent in excess of $165,000 in court fees and she keeps taking us back to court with no repercussions. I won custody in the interim of a trial but was forced to end it with a agreement of 50/50.

1)  The police wont do anything, can we go straight to the DA?

2)  Would it make much of a differnece if we showed up without our lawyer?

3)  Any advise on how to get the law to intervene before my families lives are completely destroyed?

Towards the end of our trial we were urged into an agreement in September 2005.  The stipulation was immediately put on record and was signed by the judge in May 2006.  

This stip states BM and BF are to share 50/50 custody with BM one week and BF the other however, BM must attend therapy with a Psychologist or Psychiatrist appointed or approved by the forensics evaluator and in the event that she misses 2 consecutive session the schedule reverts back to BF having primary custody and BM every other weekend.  The evaluator is to be the gatekeeper and to inform BF if she discontinues therapy and again when she resumes therapy.

We were notified by the evaluator last week that BM has not been in therapy for at least 3 months.  As per the stip, we informed BM she will have the kids this weekend for her every other weekend and must return them on Sunday despite her scheduled vacation time until such time as we are under notification that she has resumed by the evaluator.

She is now refusing to drop the children off stating she did not realize the court order, despite being asked on record and since she has made an appointment with a non-approved CSW for Thursday she is continuing therapy.

We have spent $140,000 in legal fees, we cannot afford to go back to court.  What right do we have?  Can we file criminal charges?