Possible Perjury in a Child Support Petition

[jsan7132]

My question involves child support in the State of: New York

Divorced in 2003 and had two children (D and B) with the ex-spouse in New York. I had moved from NY to GA in 2008. I was ordered to pay child support til age of 21. I have been paying child support faithfully. Early 2010, my ex-spouse agreed verbally that I allow payments to be sent directly to the children (D was in college and B was living on her own). My daughter overheard it. Ex did not send her portion of child support to B. I tried to convince her to send her portion to B, which she refused. In July, D turned 21 and I stopped payments to her. In Sept 2010, B moved in with me. I filed a petition to receive child support since B moved in. The ex filed a violation of support stating that I willfully violated support by not directly to her. Is this not a case of perjury? She knows I paid the children, she agreed to it, and my child can testify she witnessed her verbal agreement. Can I file a civil suit independent of the family court? There was a initial hearing and lawyers stating the other lawyer is figuring out my underpayment. Please advise. Small town court. I understand now that i should have just sent her the monies if this was going to happen, but I thought it was ok. Also, would like to know what I can do if I disagree with the magistrate's decision. Where does the case go after that?

[Mr. Knowitall]

If you believe that a prosecutor would be interested in pursuing this as a perjury case, you are free to order transcripts and to try to convince a prosecutor to pick up the case. I think the odds of that actually happening hover pretty close to 0%.

If you disagree with an administrative ruling on child support, you can generally seek rehearing before the trial judge and, from there, to the appellate courts.