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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex spouse is the custodial parent. She filed for a review

Customer Question

My ex spouse is the custodial parent. She filed for a review of child support. Modification request was closed as she did not submit her information. IO did send my informatim timely. Since they have closed the review, what does this mean to me?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

That means that since she failed to provide any information, the current levels of support remain. No changes are made, and the old unmodified levels stay pertaining to the support payments.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 7:03 PM EST
Customer: replied 6 years ago.

Can she reopen the case immediately? What are the rules since she did not submit info timely?

 

Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

She can re-open (she is not legally barred from re-submitting), but would have to show cause to do so. If the petition was formally closed and dismissed, judges at this point would hate to see the petition again for at least a year, making it be very likely that if she does choose to refile, the judge will simply dismiss the petition and tell her to re-file next year for the modification.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 7:08 PM EST
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Customer: replied 6 years ago.
She has not worked in 18 months and has drawn un-employment. Actually she just maxed the 99 weeks lifetime unemployment. She did not try to find a job. My support calculation was going from $400 to $750. Will a judge still deny her and ask her to reapply in a year. She is now working.
Expert:  Dimitry K., Esq. replied 6 years ago.
Hmm, that is tough. If your ex will redo her petition by filing it as an emergency petition based on change in circumstance, and base it on hardship, it is possible that the judge will permit it. However you can definitely demand that the judge dismiss the petition based on her lack of filing within the proper deadline.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 7:35 PM EST

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