Being sued for welfare payments...

[1-daddy]

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

[John-J-Jay]

just curious why has it taken so long to have a custody dispute settled?

have you had a home study? i'm not sure CS should be ordered if you are splitting time 50/50.

[mistoffolees]

>just curious why has it taken so long to have a custody
>dispute settled?
>
>have you had a home study? i'm not sure CS should be ordered
>if you are splitting time 50/50.

At least in my state CS can be ordered even for 50:50 if one parent has substantially higher income than the other (I have first hand experience).

I'm not sure what that has to do with the BM being charged with welfare fraud, though.

[1-daddy]

It is absolutely ridiculous.  The trial was dragged on and on with nonsense stalling tactics by BM's lawyer.  The referee only would say please move it along.  We were exhausted emotionally and financially (close to $200,000) and thus came to the 50/50 agreement.

BM was not charged with welfare fraud, at least not yet.  She applied for welfare benefits for the children since CS was terminated.  Rather than looking up the court order or investigating at all, welfare has been apparantly paying her.  They are now suing BF for the money.  I am sure social services has no knowledge of the 50/50 living arrangement and may not of the court order terminating support.  I'm not quite sure why the various agencies are not somehow connected.  I hope this is all just another waste of time.  BM seems to be doing fine, shopping, new cars yet she never works.

I was under the impression once a cs case is ruled on you can not bring it up again for 3 years.  First, she immediately appealed the CS decision and was denied and now she found yet another loop hole in the system to cost us further attorney fees, lost wages, etc...  

[John-J-Jay]

you are correct in most states there is a 3 year rule on the child support to stop the custodial parent from filling the courtrooms with motions.

What state do you live in?

Child support is a gender biased issue. I'm the custodial parent of my daughter who's almost 10 and i've raised her by myself since she was 2, yet her mother hasn't paid child support in 4 years and now that i'm "TRYING" to enforce it, she's now fighting for custody. so my point is who knows what the court will do when it comes to men and child support issues. if a man is deliquent on child support they can look at jail time, however if it's the mother the courts could care less.

If you ex is trying to get child support or more child support, do full discovery to see where her money is coming from, if it's fraud FIGHT for custody because the child doesn't need to be exposed to coruption.

[1-daddy]

Fight for custody?  I finished a 2 1/2 year custody fight that cost me close to $200,000 and got me nowhere.  This system does not allow me to protect my children.  During the last trial she was married to an ex-con who had more than 20 arrests for DOMESTIC VIOLENCE against every ex-girlfriend and 5 ex wives.  He was jailed for 2 1/2 years for beating a pregnant ex.  At the time we were all evaluated and BM was diagnosed as severely sociopathic, Borderline personality disorder, anti-social personality disorder, extremely deceptive.... Even with all this and much more they allowed the kids to stay with her and SF until BM filed BOGUS charges against him.  The trial was still never ending so we settled on an "iron-clad"agreement.  BM took me back to court for custody 6 months later as soon as jurisdiction changed and the new judge said we were set for a very long trial and obligated me to pay $5,000 for a new evaluation and BM nothing because she doesn't work and why should she?  She eventually dropped but it is only time before she takes me back.  I have been falsely arrested 2x, proved it and no recourse to her.  I have had CPS called on me at least 3x all unfounded but half of my family no longer speaks to me because they were also named.  My wife is humiliated when she takes are 2 yo to the doctor because last time they left a request for his records from CPS.....
I have wrote letters, called every councilman, DA, assemblyman, senator....... and noone can/will do a thing