Child Support Conundrum – What to do?
I'm in an interesting situation that I can see no way out of except laughing and waiting for a judge to decide one day. I was assigned a child support/maintenance number that exceeds my current income. I have an equitable distribution judgment against me that exceeds all my assets (zero) and exceeds the value of the asset that it was placed against. I have a wage garnishment for back support/maintenance that will make it impossible to pay an already impossible sum. None of the debts are dischargable in bankruptcy - no debt associated with a divorce judgement is dischargable in bankruptcy. With the garnishment I can't pay my tax arrears or much of anything else. Legal Aide of Hudson Valley laughed at me and rejected my claim for assistance.
Appeal is the only solution but the costs are staggering and impossible. How can one pay $3,000 for a transcript of a trial when they are facing serious penalties for child enforcement arrears? How can one afford a lawyer in such a case when basic living needs aren't being met?
All I can say is that a government that puts its citizens into these messes is predatory. New York State is operating a predatory divorce industry that makes billions each year and it is a bastion for corruption and civil rights violations. I pray that the Supreme Court will act wisely in Turner vs. Price and rule that the constitutional right of substantive due process does apply in civil divorce proceedings and that States that violates the civil rights of litigants in the court can be sued in Federal Court.
The only solution to ending the persecution that New York State exacts on its citizens with its predatory divorce industry is to challenge the constitutionality of the system in Federal Courts.