Legal Question in Family Law in New York
child support and visitation
It was started in new rochelle, ny.Since it was started i moved to CT and my daughters mother to Pennslyvamnia.In 8/2007 she called me and told me she needed more money for my daughter. I told her that I didn't have it then but maybe in a week or two. she yelled at me hung up the phone.I within 2 weeks the phone was disconnected. I tried to mail her but it all came back return to sender.Finally on Easter she called me and told me she moved back to New York. I lost my job in March. Consequently I have been trying since then to get it modified so i wont be homeless or lose my car. I have called all the states and for the most part they say ''you have to call the other state''.Now they have finally decided that I should hire a server to serve her. But how do I do that when i don't have an address. She won't give it to me. Now she doesnt return any phone calls. On top of that I have a visitation order which she has violated. I have been told I could have her arrested.but i dont want to have her arrested i just want to be able to see my daughter and have this money reduced until I go back to work.
2 Answers from Attorneys
Re: child support and visitation
I am not clear on the facts, however, I will try to answer your questions.
If the action (and the judgment entered) was originally in NY and she is living again in NY with your daughter, then you need to file a Motion to Modify (the child support) and a Motion for Contempt (failure to permit visitation)in the state of New York.
She will need to be served by a marshal or process server in New York. If you don't know where she lives, then you should call the clerk's office at the court house where you file in New York and ask them how to "publish" notice in the newspaper. I don't know what the rules are in NY but I am sure they have what we call "service by publication." You need to find out how the process works, what forms to fill out, and whether you need a judge's permission.
You may be able to file in CT but what you would need to do is "register" the New York judgment with the Connecticut court and give her notice of the filing of the judgment in CT. (You need to see a clerk in a courthouse in CT to help you fill out the forms,tell the clerk you don't have her address and the clerk will tell you what to do.)
The problem with filing in CT is that you could go through the whole process, and if it's determined that she and your daughter are in NY, the CT court may not hear you on it because it may decide the case belongs in NY.
Good Luck!
Re: child support and visitation
Interesting.
The quickest way to find out where the mother is is to follow the money.
Where is the money being sent. If it is payable through the support collection, you may be able to get an address through them.
You can also follow the child to find out where the money is. Find out the last school she attended, and find out where they sent the records to etc. Being the natural father they should give you the information.
We also have skip-tracing available in our office as lawyers, and have other professionals here who do skip-tracing.
If she is in New York, there really is no problem in filing a motion for contempt in moving out of the jurisdiction of the court to deny you visitation.
You do have an excuse to lower the payments.
However, the reduction would start on the date of the filing of the petition.
You must act immediately, for every day costs you money.
If you would like to retain the services of this office, please feel free to contact me.
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