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Benicia Baker-Livors
Benicia Baker-Livors, Family Law Attorney
Category: Family Law
Satisfied Customers: 36
Experience:  Managing member at Family Law Group
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I am looking NY/Nassau county petition of child support

Customer Question

I am looking for a NY/Nassau county petition for dismissal of child support downward modification. My husbands ex wife harasses us every 2 years with a court action. We are 80K in debt and are pro se at this point. My husband can't take off so I am going to write a pro-se motion to dismiss. I have done a lot pro se just looking for a sample for wording.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What would be the argument for dismissal? Is it because she has filed numerous times but never has a good case and her petition gets denied, for example, i.e. "frivolous litigation?"

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Well she doesnt meet the criteria for a downward modification. She can't just voluntarily stop working and decide to be a stay at home home to her other children so her current husband has to pay child support. She must meet legal precedent no? I am just looking for a sample motion to dismiss petition for wording. If I can't get that here than I would just request my money back
Expert:  Ely replied 1 year ago.

Thank you. I will opt out and perhaps another expert may be able to help. Good luck.

Customer: replied 1 year ago.
are you going to answer?
Expert:  FamilyAttorney replied 1 year ago.

Hello, I'm Ronna, a NY Family lawyer with 35 years of experience. I look forward to helping you today.

Expert:  FamilyAttorney replied 1 year ago.

I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues and contract law. I also have written articles on DUIs/DWIs/OUIs, process serving, trademarks, employment law, Social Security law and on many other legal subjects. I answer questions on these topics as well as general legal questions and questions about negligence, criminal matters, and other civil wrongs such as defamation and invasion of privacy. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms.

NY is difficult to get a downward modification. She must meet legal precedent indeed and there aren't a lot of cases where downward modification is allowed in NY.

Expert:  FamilyAttorney replied 1 year ago.

NY Court Forms don't show a motion for dismissal of a child support case but let me see if I can find one for you somewhere else

Expert:  FamilyAttorney replied 1 year ago.

If you're still interested let me know and I will look for one for you. Please advise and then I'll know you're still looking for one. I'm happy to help you. The courts don't have a specific form available but a form can be found elsewhere.

Expert:  FamilyAttorney replied 1 year ago.

I'm going to opt out also because I have to look for the specific form. NY courts do not have this exact form. If I find it I will let you know but in the meantime I'll let someone else see if they can locate it. Thank you!

Expert:  Benicia Baker-Livors replied 1 year ago.

Hello. I am a family law attorney licensed to practice in Missouri and Illinois only. That being said, I have been able to locate most of the NY Court child support forms. Here is a link to the forms that they have. https://www.nycourts.gov/forms/familycourt/childsupport.shtml

I believe some of the forms that most closely resemble your stated goals would be a motion to vacate adjusted order of support (used to object to an order that was changed that you would be fighting), You can also do an objection to a proposed adjusted order. Of course you need to argue why mom's stated reasons for modifying aren't good enough for the Court to spend its scarce judicial resources considering.

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