Obtain proof of Spouse's status

[Ihavequestions 419]

darn, they're now covering their behind for not doing this in 2006, and simply allowing her fraudulent VOIP to dismiss the case

It was the judge's decision to dismiss the case and nobody else's.

If there was ever a child support order entered and child support is in arrears, OCSE has a system in which information about non-payor parents is searched for through a web of databases - constantly. It takes months to work through the entire chain of databases; that's how extensive it is. Perhaps OCSE had reason to believe she was out of the country? She didn't have to appear (in person or otherwise) for the hearing to take place. The judge could have gone on anyway.

[BethandBilly 86]

There is a national database now that when a person starts a job (legal tax paying resident) their information goes in to a database and from that they can find out if that person pays child support and if the wages are to be garnished, this is usually done within the first month of the payee/obligor starting a new job. However the payee/obligor is informed by their employer that their pay is going to be garnished and they can quit their job if they do not want to pay child support and I have also been lead to believe the payee/obligor can say their pay is not to be garnished as they pay the child support through other means.

Edited August 11, 2012 by BethandBilly

[Boiler 45,519]

For small business that would be quarterly, and a month in arrears plus whatever data input time.

[SingleDad2usc 71]

I'm not much of an expert, as I only made about 10 appearances as a Witness in OCSE case. My impression:

1. If a Respondent hasn't made Second Appearance, a Federal Warrant would be issued(?)

2. Of course it was Judge who said "Case dismissed". But it was OCSE prosecutor who said "Nothing further...", despite the extremely skeptical look I was giving him. I now recall they were asking me to write down that foreign address she was spelling out - and I was gesturing that I want to have nothing to do with this

[SingleDad2usc 71]

Sandranj is poignant: "Do not send papers showing how the kids are doing in the last 10 years because Vawa Unit is not interested about how they are living or how good father you are, they want proof that your kids or you were abused." This means that 100% school attendance, all school awards, daughter's Ms New York Times clipping, large personal photo with Mayor at Neighborhood Awards - all staying home. But instructions say that Good Moral Character proof starts with Affidavits (?), and only then is supported by Police clearance

[Ihavequestions 419]

I'm not much of an expert, as I only made about 10 appearances as a Witness in OCSE case. My impression:

1. If a Respondent hasn't made Second Appearance, a Federal Warrant would be issued(?)

No. It's not a federal crime.

2. Of course it was Judge who said "Case dismissed". But it was OCSE prosecutor who said "Nothing further...", despite the extremely skeptical look I was giving him. I now recall they were asking me to write down that foreign address she was spelling out - and I was gesturing that I want to have nothing to do with this

Looks and gestures are insufficient in a court room. You didn't speak up then, so you can't blame them now.

[SingleDad2usc 71]

I'd speak up, if I were holding proof in hand. As it was, I thought it was best not to let her hear me...

Picture: you have nothing to gain from proceedings, and you sit for hours on wooden bench in the waiting area - within the crowd of tucky oversized jewelery, piercings, tatoos, multiple electronic devices and the subjects obviously not taking well to be away from their drug parafernalia for so long. Finally, your name is called. Walk in, and her chair is empty. Suddenly, she's being sworn in on the speakerphone. What??? How was it that I was sitting out there for hours, and she's suddenly on the speaker? Magic! Movie "The Game" with Michael Douglas the victim of practical Birthday joke (rent it, if never saw - it was the movie of it's year!) After a dozen of totally idiotic back-and-forth (with reporters barely containing laughs) one moron across says "What are you going to do?" the other sitting next to me says "Nothing further" and the first one says "Case dismissed. Next!"

[Boiler 45,519]

No idea back them but certainly now you can often appear by phone.

[SingleDad2usc 71]

Oh this is a bomb! I had no idea. Could I have done the same? I was always so worried about my kids, when sitting there for hours without cell signal

[Boiler 45,519]

If she did then I would assume you could have.

[SingleDad2usc 71]

Now this is really disappointing. She certainly got better advice than I did. To have custodial parent sit there twice a year, and to allow non-custodial parent blow wind - unbelievable

[belinda63 3,038]

Telephonic court hearings are fairly common in civil cases if the other party is a good distance away. In your case, since you are local, then no, they would not let you do it. The reason the case was dismissed was because there was nothing they could do, if the spouse is not in the US and won't be returning to the US they are not under the jurisdiction of the state court.

Child support is a state issue, not federal, thus there is no "federal warrant" available for non-support. And since she was never ordered to pay she has committed no crime nor any contempt thus no warrant or order of confinement.

BTW what the AOS lady did was nothing unusual, you can request under the open records law (or similar law in New York) to obtain copies of all your records.

I suggest you gather your evidence of whatever abuse you think happened, get your affidavits, and everything else you need and file your VAWA.

[SingleDad2usc 71]

Absolutely I am ready to file - if I only had Proof of Spouse's Status

[elmcitymaven 9,712]

Telephonic court hearings are fairly common in civil cases if the other party is a good distance away. In your case, since you are local, then no, they would not let you do it.

Not necessarily true in every jurisdiction -- it's perfectly possible in California in many civil matters to appear via CourtCall even if you're local. Since I have no knowledge of family court proceedings, let alone family court proceedings in New York State, I don't know if this is necessarily the case for the OP.

[Sandra G. 5,048]

The ONLY important factor to consider in Vawa cases is regarding domestic violence/mental abuse. As I said before failure to pay child support, separation, abandonment and rejection by mother, school attendance, school award, how she lives after the separation, all these factors WON'T BE CONSIDERED in Vawa cases. You must prove your kids and/or you suffered extreme cruelty.