Legal Question in Family Law in New York

Decisions by hearing examiners

Several years ago, in an effort to collect child support when one of my daughters moved in with me, I petitioned the family court of Hamilton County. The support was not granted. The opinion of the examiner was that my ex-wife, an employed Registered Nurse in North Carolina was earning $6.00 and hour, while I was earning $8.00. This contention of an hourly rate of $6.00 was unsupported. She failed to provide either a statement of worth , paystub, or income tax records. When the decision was delivered, I mistakenly thought that it would be reviewed by the Family Court Judge. Because none of the papers supposedly required to be provided to the court by my ex were provided I assumed it was not a done deal. BIG MISTAKE.

Although both my daughters are grown and on their own, the arrears continues o plague me. Is that a way I can get this decision, even at this late date thrown out or reviewed? Is that an avenue to file a complaint against the examiner for his failure to follow court procedure? THANK YOU!


Asked on 12/08/03, 1:38 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Decisions by hearing examiners

Generally, arrears are not vacated nor imposed retroactively.

There is a presumption (a strong one) that arrears are due when the child support was ordered, or in your case, not due. The court is disinclined to review files and records of the parties, that may no longer exist; or may no longer be verifiable. Also, the party aggrieved by a judgment, has an affirmative obligation to seek review, appeal and reversal before the time for doing so expires.

You sound like you might need counseling to assist you in getting past your gall at having to care for, support and finish raising your children, without support from their mother.

It is recommended that you spend you time and resouces getting that kind of help.

Good luck.

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Answered on 12/08/03, 6:22 pm


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