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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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My ex and I had a business together and when we settles on

Resolved Question:

My ex and I had a business together and when we settles on child support the business was not valued. He has had the business for 11 years now and he still pays the same child support plus 10% from an increase 2 years ago. He now owns property and is doing well. How do I get a cost of living increase for a 14 year old living on a 3yrs old support? We live in NYC. I only get child support from him and the judge for my divorce persuaded me not to fight for the business or alimony--My lawyers also dropped my case when I ran out of money. It was a bad divorce years ago and this time the mom got a bad deal.
Submitted: 6 years ago via ChildSupportLaws.
Category: Legal
Expert:  Joseph replied 6 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • What is your specific question for a legal expert to answer?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 6 years ago.
I need to know if I can reopen my divorce judgement because my judge forced me to give up my rights and my lawyers dropped me? Also how do I get an support increase in NYC because my first order was just an estimate due to the nature of the case. Self employed without valuation of the business. Its been 11 years and he is doing well with the business and he owns property.
Expert:  Joseph replied 6 years ago.

You can't "reopen" the divorce case, too much time has passed. When the divorce was pending, you had the ability to contest whatever you desired and to be involved in the establishment of the final judgment. After the divorce was finalized, you had a period of time, probably about 30 days, to appeal the judgment, that time has clearly passed.

 

However, you certainly have the ability to address child support again. Child support is always subject to adjustment, regardless of the time that has passed. You would need to file a petition to modify the support. Such a petition would need to detail some change in circumstances sufficient to warrant an increase.

 

As to that change, it could include an increase in the needs of the child, an increase in his income, a decrease in your income, or any other such change in circumstances.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 6 years ago.
Can I do this myself through the Nys child support office or do I need an attorney? What are the first steps?
Expert:  Joseph replied 6 years ago.

Please tell me about the last requested increase; how was it handled, what was the outcome, etcetera.

 

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 6 years ago.
It was handled through child services but it was just a standard 10% increase after 8 years of the same.

I want a bigger increase because our daughter is older now --14. What steps should I take for a bigger increase.
Expert:  Joseph replied 6 years ago.

You can handle the matter either way, filing it yourself of using the services of the child support unit. It really depends on which method YOU prefer.

 

Doing it yourself - You would need to file the petition for an increase on your own and handle the litigation. Of course, if you can afford an attorney, the attorney can make the process much easier. This method would be more difficult, if you do it on your own, or more expensive, if you hire an attorney. However, it puts control of the matter in your hands and, as such, can lead to a better result.

 

Use child support services - They will handle the litigation for you, making the process easier. However, as you experienced last time, the control in hugely in their hands and the outcome may not be what you want.

 

So, if you are interested in the best possible result, consider doing it yourself. Conversely, if you are interested in making the process easier, consider using child support services.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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