Divorce Support Forums: Violation of support, long but important info

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 makes him mad 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.

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 one. He says he cant see his kid (our daughter) cause he cant afford to drive out here, pay the fee($5 fee?, 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 off 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 a wk. 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 a lie he only paid $145 in the previous 2 1/2 months to that date) with no job at all and I cant get caught up Im about to lose my house(hes been saying this since Jan 2006 etc. All I need is some time to get caught up and then 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?) which doesnt even include anything towards her childcare or health insurance.

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 well you can ask your court appointed lawyer (which is bs if she helps him that). Then he says "oh ok I thought you would decide that, sorry?"

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".

What will his court appointed lawyer do? Its been 5 weeks and im not even sure if shes contacted my ex yet (i heard they tell you to pay and what could happen if you dont pay)-if he knew he could go to jail he would pay (hes not even paying the amount he told judge was %17 of his $400 a wk= $68 a wk).

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? Or will this continue longer? It will have been 4 months and hes $5,000 in arrears and since July 11th's court date hes made 3 payments ( one $40, one $62, and one $60)no where near the weekly amount payment. Is this willfully not paying or nonwillfull? How does one figure that part?

Thanks to everyone reading and replying.