Job Available: Part Time position available in Westchester County Family Court. Restricted hours, no overtime. Generous pension and health benefits. Although the duties involve making decisions on litigated matters, there is no penalty for not making decisions, for deferring decisions, of for booting cases off the calendar and onto the Supreme Court calendar. Ability to ignore previous Court Orders required. Annual Cost of Living increases. Salary (2010) $136,700
210 NY Code Article 7-B (220-224)
Today I appeared before the Honorable Esther Furman to address my ex’s suit as to my taking our child as a deduction on my taxes. I had prepared for days, rushing about in the rain yesterday, running to the store for more printer paper and ink (which I had to charge on a credit card). My kids felt my stress, and the younger one vomited. In between everything, I comforted him, calmed him down and my older son took him out for a few hours to distract him.
I had counter claimed, via the Child Support Collection Unit, for all of the add ons, which total over $12,000. I had been told by them that they could collect on my behalf, and, since I have an Order, I thought at least that part would be easy! Ha!
Esther Furman booted the tax claim to Supreme Court, where my ex already has two cases pending for the past two years. I expect that his attorney will start preparing her assault immediately. I am so disappointed; I had case law, IRS guidelines and a carefully prepared speaking points. It was pointless. Over my ex’s attorney’s screaming, Esther never gave me a chance and simply refused to hear the case.
The add ons? I was so careful. I submitted only what had accrued since the October trial. I had run like a lunatic to all the pharmacies, the doctors and the schools to accumulate “proof” of payments. I had a neat cover sheet and made sure that the receipts beneath were in the same order as the cover sheet listing.
My ex’s screaming attorney cried “We never got them” and she is correct. I withheld the receipts because sending them is pointless. He ignores, half pays (how do you reconcile that??), defers and then sues me again. I told Esther Furman that I wanted to be able to go through CSCU, that there is an Order in place, and that these receipts (CVS, Westmed, etc.) are irrefutable. She didn’t care. Refused to look at them. Told me to give the packet to his attorney and wait to be paid “in a reasonable amount of time”. I asked her how much time is reasonable, and she did not respond. Said all receipts have to go to him first, then wait, then….ready? Re-freakinging-file. Sounds like another day of missed work, but Thank God, Esther cleared a case off her calendar.
What is sad here is that the Courts never once consider the collateral damage to the family (aka the children). They believe, or ignore, that 7 years of continual litigation and over 70 appearances do not cause damage to us. Forget about Connolly giving me zero of the marital estate, forget Connolly ordering my house sold and making me “repay” child support (I think this is illegal, but I am not sure). Nobody cares that a child is so overwrought that they vomited. Big deal. It’s not their kid.
I entered the black hole of Westchester County Court 7 years ago. My children were 7 and 11 years old. They are now 14 and 18. The clerks tell me that there is no such thing as getting Vexatious Litigator status in Westchester, and that I should be prepared for another 7 years of litigation. Nice.
The whole circus took about 5 minutes. That’s my five minutes of “justice” for which I pay.
Imagine going to your job tomorrow. You are asked to make copies of a PowerPoint presentation and bind them for a meeting. But you refuse, telling your boss to take it to another staff member. What do you think would happen? Yelling? Firing? A march to the dreaded HR lady? Exactly.
BTW, on FRIDAY I received Esther’s Decision on the October trail in which my ex cried – literally – to reduce the child support. She dismissed. Without prejudice. How long until he re-files? One week? Two? I would say that he might combine his poverty plea with his tax plea, but his game is keeping me in multiple courts simultaneously.