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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28046
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am a NYC resident who has been ordered to pay child

Customer Question

Good afternoon. I am a NYC resident who has been ordered to pay child support. My daughter lives in Florida with her mother and has just turned 17. I have "always" supported my daughter financially the best way I could over the years. Were as now, in 2015 her mother had taken me in for non support. Which is ridiculous. I went to my scheduled court appearance this past May after being served papers which needless to say surprised me. I was ordered at the time to pay $200 per pay period ( with no rears at the time). Which for me equates to $400 per month. I was told to attend another court appointed appearance in September which I unfortunately missed. Due to me missing the court date. I am now subject to pay $266 per pay check "along with an additional $133 for rears"! Simply put, I can not afford $400 coming out of my pay each pay period. It was suggested that I somehow request an "Order to Vacate" to have this reduced. Can you help me? Or point me in the right direction for assistance. PLEASE
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. Can you share with me why you missed the court date and what it was for?

Customer: replied 1 year ago.
The court date was for what I believe was an "adjustment hearing" and I missed it due to having the date mixed up.
Expert:  FamilyAnswer replied 1 year ago.

Thank you. Yes, if you missed the court date, you would need and want to file a motion to vacate the order. In the body of the motion, you want to present good cause and explain to the court, why you missed the court date and ask that the matters be decided on the merits. Moreover, you want to also file your response, showing and explaining to the court why you are unable to pay the court ordered support amount. The court should vacate the order and reset the hearing, so you can appear and present your argument and objection to the amount.