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I don't know really how you can help me. I missed the

Customer Question
I don't know really...

I don't know really how you can help me

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

I missed the deadline to write an objection for the child support order that was issued in september

Lawyer's Assistant: Family law varies by state. What state are you in?

The state is ny

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well, I don't think i have money for the lawyer

Submitted: 3 months ago.Category: Family Law
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Customer reply replied 3 months ago
I had a hearing for a child support order modification from a court in NY. The last hearing was on August 30th, 2017. The judge knew I was leaving the country for a month. So, I got the new child support order when I returned in October. On February 1st, 2017, the judge had ordered me to pay $300 a month, until all the paperwork was looked at and the actual monthly support is determined. During the last hearing on August 30th, the judged asked if both parties were okay with the $300, I had been paying. I said I would be okay but that it would put a huge strain on my family. The custodial parent refused and wanted $375. When I declined the pay the $375, then the judge proceeded with the hearing. So that's the history.
Now, the new order is for $400 monthly, plus arrears which brings to a total that is more than I can actually afford. So, I wanted the amount reduced say between $300 and $350. I sent in my last payment late and child support unit is telling me that they are going to report my account to the consumer reporting agencies. I had so many bills that I could not pay child support in time. I have a huge student loan debt, which the judge is aware of and also a previous child support and alimony (the judge is aware of this too, and he factored and received a credit in the modification). At first, I thought I could manage to pay the $400,hence I didn't write the objection within the 35 days. How should I craft my objection of the $400 monthly and arrears? And, how to explain not responding within the 35 day? Thank you for you response.
Thank you
Answered in 6 hours by:
1/9/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 80
Experience: Attorney
Verified

Hello my name is Niel,

I am happy to help you with your legal question, just allow me some time to review your question.

Although the deadline for objecting to the order has passed either parent can ask the court to modify or change a child support order. The parent requesting the change must go to court and file a “petition” (legal paperwork) asking for a modification of the child support order.

Parents may seek a modification or change of a child support order based upon a showing of:

  • a substantial change in circumstances
    • Some examples of what constitutes a substantial change in circumstances include changes in a child's medical needs, such as an increase in medical bills for a sick child, a paying parent's illness or decrease in the parent’s income.
  • three years have passed since the order was issued, or
  • a 15% increase or decrease in either parent’s income since the original order was issued
    • If a paying parent’s income decreases by at least 15%, he/she can file a petition for “downward modification,” or a reduction to child support. Parents asking for this relief based on a decrease in income must be able to show the court that the reduced income was not voluntary and that they are engaged in real efforts to secure more income or other employment.

      If the paying parent’s income has increased, the receiving parent may petition the court for an “upward modification” or increase to the previous child support order.

If any of the above situations exist in your case, you must go to court and ask for a modification, because the child support order will not automatically change. It is very important that you do not stop making payments as you can be held in “contempt of court,” which means you have violated a court order and can be fined or even ordered to serve time in jail.

Parents are free to set their own terms and conditions that will justify a change in their child support obligations, just as long as the agreement does not sacrifice the needs of the child. However, to be considered enforceable, this type of written agreement must be accepted by a judge and incorporated into the court’s original order on support.

You can visit the clerk's office at the court there they can provide you with the petition and give some assistance in completing the form. They cannot give you legal advise. Just follow the instructions on the form and fill out all of the information requested and be as detailed as possible. Not responding to the original order, while did not look good on your part, but is really of no effect now that the order is in place. I would spend your time on the petition articulating your justification for the modification.

If you have additional questions or comments based on my response please reply and I would be happy to continue the conversation. If you are satisfied with my response please Accept the answer as that is the only way we are credited for providing your answer. Good luck and I hope you are successful in resolving your legal issue to your satisfaction.

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Category: Family Law
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