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View Full Version : NY justice system screwing over a COP!


usafflightcop
01-27-2007, 04:09 AM
I am former NYPD and am currently Atlanta PD. My wife kicked me out two years ago soon after I returned from Iraq. She filed for child support one month, divorce in the next few months, and then for full custody. So, I have three separate cases in the NY family law system and three different judges.

I have not been allowed to see my son in over a year. I cannot even have phone communication with him - only letters. [All because his mother convinced him (and the judge) that I would come to NY and kidnap him and take him to GA]. I have no history of domestic violence or anythiing negative. I am an upstanding police officer [with no citizen complaints] and I am being treated like a child molester, abuser, or murderer by the same justice system I risked my life for everyday. My son and I had a great relationship and now he hates me. It breaks my heart. Everything was filed in Rockland County and now my soon-to-be ex-wife lives in the Bronx. So, I have to start all over with the whole custody/visitation hearing in a new jurisdiction.

Meanwhile, my child support is based on NYPD pay which is $20,000 more than APD pay (which I was making at the time the order was determined). So, I am only bringing home about $90 a month. My lawyer is threatening to have himself removed as my lawyer because I cannot pay him the $18,000 he says I owe. Yet, over 18 months, I have sent 15 faxes begging him to file a modification of child support; so, not only could I support myself, but I could pay him.

I have been through four different judges trying to get my divorce finalized over the course of 18 months. Everytime it gets ready to be heard, we get a new judge assigned and I am put off the calendar for 60 more days.

So, after 18 months, I am still NOT divorced, I CANNOT have ANY contact with my son, and I am living on $90 A MONTH!!! Now, my lawyer won't do any work for me and won't accept or answer my phone calls. I can't file motions on my own living in GA. I DON'T KNOW WHAT TO DO!! I AM EXTREMELY DISHEARTENED AND DISCOURAGED!!

Does anyone have any advice or know of anyone in NY - Rockland County or the Bronx - that could help me? I miss my son and would like to be able to take care of him and myself - you know, have a place to live, buy groceries. If it weren't for my friend letting me live with her, I would be a homeless police officer. How much sense does that make? I don't want to get out of paying child support. I want to take care of my son, but I want to see him too and I want to be able to take care of him when he visits me in GA. PLEASE HELP!

xena
01-27-2007, 06:51 PM
I am former NYPD and am currently Atlanta PD. My wife kicked me out two years ago soon after I returned from Iraq. She filed for child support one month, divorce in the next few months, and then for full custody. So, I have three separate cases in the NY family law system and three different judges.

I have not been allowed to see my son in over a year. I cannot even have phone communication with him - only letters. [All because his mother convinced him (and the judge) that I would come to NY and kidnap him and take him to GA]. I have no history of domestic violence or anythiing negative. I am an upstanding police officer [with no citizen complaints] and I am being treated like a child molester, abuser, or murderer by the same justice system I risked my life for everyday. My son and I had a great relationship and now he hates me. It breaks my heart. Everything was filed in Rockland County and now my soon-to-be ex-wife lives in the Bronx. So, I have to start all over with the whole custody/visitation hearing in a new jurisdiction.

Meanwhile, my child support is based on NYPD pay which is $20,000 more than APD pay (which I was making at the time the order was determined). So, I am only bringing home about $90 a month. My lawyer is threatening to have himself removed as my lawyer because I cannot pay him the $18,000 he says I owe. Yet, over 18 months, I have sent 15 faxes begging him to file a modification of child support; so, not only could I support myself, but I could pay him.

I have been through four different judges trying to get my divorce finalized over the course of 18 months. Everytime it gets ready to be heard, we get a new judge assigned and I am put off the calendar for 60 more days.

So, after 18 months, I am still NOT divorced, I CANNOT have ANY contact with my son, and I am living on $90 A MONTH!!! Now, my lawyer won't do any work for me and won't accept or answer my phone calls. I can't file motions on my own living in GA. I DON'T KNOW WHAT TO DO!! I AM EXTREMELY DISHEARTENED AND DISCOURAGED!!

Does anyone have any advice or know of anyone in NY - Rockland County or the Bronx - that could help me? I miss my son and would like to be able to take care of him and myself - you know, have a place to live, buy groceries. If it weren't for my friend letting me live with her, I would be a homeless police officer. How much sense does that make? I don't want to get out of paying child support. I want to take care of my son, but I want to see him too and I want to be able to take care of him when he visits me in GA. PLEASE HELP!

Isn't there a temporary visitation order? If there isn't you need to file for one ASAP.

As for the CS- what is the reason that you moved to Atlanta? Unfortunately you'll need a VERY good reason for earning less because a modification can be denied on the basis of your income loss being voluntary. There is one thing I'm curious about tho- is the CS garnished from your pay? If it is, are they garnishing more that 60 to 65%? Federal law limits the amount than can be garnished, the max is 65%.

Also, is your pay up to par? I ask because I know a police officer who works in a small suburb of Atlanta who makes over $24 an hour and has been a cop for about 5 yrs only. Can you get a part time job working security? Alot of officers supplement thier income that way.

If your NY attorney isn't doing what needs to be done, check for a new one or seek out one that will take your case pro-bono or charge a lessor fee. If nothing else, you may have to represent yourself, yes you can file motions from out of state, although you'll have to go to NY for the hearings.

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