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ANDREA,
ANDREA,, Lawyer
Category: Family Law
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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I would like to know what I should do relative to this situation.

Customer Question

I would like to know what I should do relative to this situation. I have a court hearing coming up after getting my child support lowered due to unemployment. My doctor has told me that I need neck surgery to correct a stabilty problem in my neck. I would like to know what to do to get my child support lowered because I wont be collecting unemployment benefits but disabilty ?
Submitted: 4 years ago.
Category: Family Law
Expert:  ANDREA, replied 4 years ago.

Good Evening,

 

Which situation are you referring to that could make you lose your unemployment benefits ?

 

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Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

Customer: replied 4 years ago.
MY previous question about unemployment and collectng disabilty benefits from the special fund. You previouly anwrd my question reguarding unemployment benefits about 20 mints ago.
Expert:  ANDREA, replied 4 years ago.

You would still be required to pay child support - Nothing is exempt from the payment of child support; if your disability payments will be approximately the same amount as your unemployment benefits were, or no more than a 10% difference, I would not recommend filing a Petiton to Modify Child support again, since you stated that it was recently lowered.

 

Even under ordinary circumstances, a udge or Support Master will not hear a Peition to Modify Child Support in either direction unless the difference would be about 15% of the present amount.

 

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That is the only way I get paid

 

If you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question

 

 

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Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11854
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
The change is about 50% from unemployment to disabilty .
Expert:  ANDREA, replied 4 years ago.

Good Morning,

 

Thank you for accepting my answer, It is very much appreciated

 

If the time you need to recuperate and during which you will be receiving disability is 4-6 weeks, I would not suggest doing anything because the Court will accuse you of overloading the court's already heavy caseload and would most likely deny your Petition to Modify.

 

If it's more than that, file a Petition for Temporary Modification of Child Support" and tell the Judge when your surgery is, bring a letter from your doctor which should state an approximate recuperation time and ask the Judge to temporarily lower your child support amount during that time period. So that you will not have to go back to Court, ask the Judge to put a date in the Order as to when regular child support will begin.

 

The Judge will appreciate seeing you prepared with your doctor's report and will look favorably on your Petition when he sees that you are willing to resume regular payment of child support just as soon as you recuperate and are off disability

 

__________________________________________________________________________

 

 

That is the only way I get paid

 

If you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question

 

 

Leaving Positive Feedback, Bonus, etc. is always appreciated

__________________________________________________________________________

 

Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

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ANDREA,
ANDREA,
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25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law