Divorce Support Forums: Update to Violation/modification petitions..

Update.
I was there early waiting for my lawyer. I decided to go to the bathroom. Came back and lawyer was there talking to a dif magistrate(the one that handled ex's first modification). That magistrate was wearing casual clothing (later on said he had jury duty but there was no jury today) says "is this my case, is this the construction guy from.... I recognize this young woman" etc etc. Lawyer says yes going for 3rd modification etc. The guy asked if he was paying, my lawyer says nope, judge says he have a job, lawyer says nope. Then the guy asks me if I recognize him without the suit etc. I said yeah I recognize your voice etc. My lawyer knows this guy real well I wish it was him handling ours but he was telling my lawyer he was switched to The department of Social services cases and the private cases got pushed over to the other 2 magistrates.

Me and my lawyer went in. Judge calls ex on telephone. She starts by mentioning my lawyers motion to dismiss the modification petition. She grants it (doesnt even ask for his response nothing just says its dismissed). This pisses him off he rants and whines and etc for about 5 minutes. She says yes its dismissed as per such and such law (cant remember exactly). She explains to him he said he was fired and you cant get it lowered for that etc. He says you guys misunderstood me I though Mr. G****(my lawyer) was talking about the first job (the one he quit..fired? quit? still not the same but hes an idiot so who knows) etc. Funny thing is HE WROTE he was fired on HIS 2nd petition (the one hes talking about not this one, confusing I know).

She then goes on to say ex asked for adjournment to get the legal aid lawyer, she appointed him one. Set the court date for August 31st. My lawyer is pleased she gave him one cause now he can get things done and actually GET paperwork he asks for and not have to deal with an idiot.

She asked him how many people depend on him in his house, he said 6 his wife, his 4 (2 are over 18 anyway) step kids, and his 6 month old son. Then he whines saying he cant get caught up and he just wants time to get caught up. He said he would have had a similiar paying job if CSEU didnt lose his large payment (to have his license reinstated) and suspend his license etc, he said it was all their fault. They did lose it but he shouldnt have let it get that bad and IF he had a similiar job that means HE cant earn that much again, so just go find a one. He says he cant see his kid (our daughter) cause he cant afford to drive out here, pay the fee($5?, hey he wanted them supervised which is better for me as well so I am protected from his lies also) at that family center.

He says he works for a guy who pays him $400 a wk cash. So judge says so you get paid under the books, he says yeah , well no but the guy gives me a 1099 at the end of the year. She says now on this disclosure it says you dont have a job and now you say you do? Then he says I sent you a new one with the updated info showing it (my lawyer didnt get an updated one or the request for adjournment). So she says well here it says $350, so is it $400 or $350? He says ughh silence, its $400. So he then whines again saying he paid $150 a week all last yr (lies, he only paid from about July to Nov-that doesnt equal a yr in my calendar). He then says Ive been paying $30 a week (also lies he only paid $145 in the past 3 months) with no job at all and I cant get caught up Im about to lose my house etc. All I need is some time to get caught up and tehn I will tell you guys when I get a new good paying job etc. He also says "I just sent $65 which is 17% of $400"(he gets to calculate how much he can send now thats great) I guess he means that money in cash from that guy.

Then judge was getting ready to close this date. Ex says wait how do I get this lowered? Do I have to file another petition, I cant afford this much? She says ughh well yo ucan ask your court appointed lawyer (which is bs if she helps him). My lawyer said The jduge cant give him legal advice, so she told him to ask the lawyer. The lawyer cant help him with a mod petition but can tell him to go get a lawyer and the proper way of filing a petition. But he said he cant change the past what he said and wrote is done, it has to be new circumstances not all this that was already decided on.

Then he said he would be "there" on Aug 31st meaning in person. She says you are permitted to appear by phone, he says no I will be there, she says its your choice but Ive given you permission to appear by phone. So he then says well "im not getting anywhere by telephone I will be there".

Lawyer said to me we have to prove he didnt pay which isnt hard, he didnt pay. He has to prove he did pay, he didnt so he cant prove it. We have to get him to admit he didnt pay and we can come to an agreement of either him having a payment plan or adding the medical costs to his arrears.

What will his court appointed lawyer do?

He cant say he paid cause well he didnt. I have support handled through cseu so he cant say he sent it to me. He lists his monthly bills at about $4,000 (house, credit card payments, car insurance, cable, internet, cell phones, formula and diapers for 2nd child(6 months old), clothes for him, his wife, his step children (ages 14, 16, 19, and 21) and says 6 people depend on him in his household. He says hes only one working in household.

Im in NY. What will happen during hearing? Should this be through in one court date?

Thanks to everyone reading.
Crossposted in support in main boards