Legal Question in Family Law in New York
child support
I am about to appear in court for a modification of child support payment.I have full custody and my ex-husband was supposed to pay $69 while unemployed for one child.Case was dismissed for not showing up(BOTH PARTIES)After two and a half years and a full time job i want him to pay what is fair for the children.How do i go about finding exactly how much he is earning (does not want to tell me)so i know how much he will give the girls?He is currently paying $600 a month($300 for each child) but i know he could pay more because he works as a computer programer and has good credentials.He argued that he has now a new family(a 9 months old baby) and has other financial responsibilities but i do not think the judge will take this into consideration.He wants to claim both children each year on his tax return if i do not secure employment.School supplies,activities,summer camp coming soon and clothes all this for $600 a month with the cost of food and rent i cannot live like this anymore.I need your help!!!THANKS.....from a desperate mother who cannot afford a lawyer and is too shy to beg
3 Answers from Attorneys
Re: child support
You are entitled to receive a financial statement from him including tax return/w-9, etc.
The court usually sends this out but in your case, since they haven't, you need to ask the Judge to Order him to provide it
Simply ask the Judge (respectfully). Tell him/her that you have requested this info but your X refuses to provide it. You'll get it.The Judge can not make an informed decision without it. You will be required to provide yours also.
Re: child support
In either NY Supreme or Family Court, you may request that the Court require that your Ex pay an attorney for you, whether privately retained or appointed by the Court, if you cannot afford one.
You should be prepared to prove, with docs, that you are w/o sufficient income to retain counsel.
Good luck,
Re: child support
It seems you have been very patient and tolerant with him. A judge will not be so generous.
When you file for a court order for child support, he will be required to give evidence of his income. If he is someone's employee, that will solve your problem.
You are welcome to a consultation for no fee. Email is best to make an appointment.
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