Legal Question in Family Law in New York

Need to Appeal Child Support Order

Child & I reside in FL. since 1/03. I petitioned for CS July 2003 in FL. Today Judge ordered in NY Order of Filiation. He tried to claim Equitable Estoppel saying he never knew about child (lies), that I fled NY & kept child from him (lies). Judge didn't bother to look at his financials or his W2 because she granted support based on amount I get from public assistance which is 241.00 per month for child and myself. Judge split it in half and ordered him to pay $120.50 per month, which goes to State of FL, not me. I was told by CSE he would have to pay them back on TOP of what the support order is. This is not an unemployed man. Has a high paying job but hides income because it's a family business, he drives a new Lexus, owns home, pays $700 month for other child and Judge didn't even look at his financials to determine support! Attorney said that no matter what amount was ordered, it ALL would have been handed over to FL. That's not what I was told at CSE. I left my job in NY & moved here to are for my father with lung cancer. The Judge obviously didn't care enough but to divide $241.00 by 2! I want to appeal immediately. Do I have grounds? His income wasn't even figured into the amount of support ordered.


Asked on 1/09/04, 1:23 am

2 Answers from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Need to Appeal Child Support Order

I disagree with several of Mr. Nitzberg's comments. Assuming that the CS order you wish to appeal was granted in NY in the fliation proceeding, the viability of an appeal depends on exactly what occurred in that proceeding. Did you appear in that proceeding? Did you cross-petition for support or did the court grant the order on its own? I would need to see a transcript, which you should order from the court ASAP. You cannot move to modify based on new information, nor can you appeal from an order granted on your default. You should consult with a qualified attorney immediately to preserve your rights.

Read more
Answered on 1/11/04, 6:14 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Need to Appeal Child Support Order

I think the best way to proceed is not to appeal, but to get information on his finances and then request a 'modification' based on new information.

For example, you claim he drives a new and expensive car. Motor vehicle dept will confirm this. His family owns a business in which he is an employee/partner. this too, can be brought before the court.

the other award of 700 for child support shopuld include information on his financials.

If you choose to appeal, send a 'notice of appeal' quickly. TODAY! there is a short time limit on this. If you miss that time (10 days) then the modification motion is still available.

I would be happy to assist you with this process. Start by sending (fax 718-729-2029 or mail (41-20 forty six st, 3F, sunnyside, NY 11104) all of the documents to date as well as information on the other case. The name of mother/address/etc; anything that would help me find her and, through her, her attorney who can give me the information he used to establish the father's financial information.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

Read more
Answered on 1/09/04, 4:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York