New York  |  Family Law

Legal Question

Asked on: 12/19/03, 2:31 pm

Motion to vacate arrears order

Can you motion to vacate an order of the Family Court Hearing Examiner for child support arrears when 1) the divorce judgment states that the ''defendant shall continue to pay $250 bi-weekly child support..'' and that ''all matters of child support arrears shall be refered to a Special Referee to hear and report'', 2) the court did not do a child support worksheet for the working parents, 3) the court did not file a findings of fact as to how child support amount was reached 4) there is no order prior to the divorce ordering child support payments and the Hearing examiner used Fam, Ct. section 461 to get jurisdiction and was reminding that these items did not exist(per petitioner when ask to produce them)?

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