Legal Question in Family Law in New York
how to apply for COLA?
I have a divorce/child support ruling that has been in place since
1998 in Suffolk Co. NY . at that time my X and I agreed upon an
amount for child support based on factors that are no longer
relavent. Can I file, on my own, for COLA? He pays me directly I
do not go through CEB. I would rather not have to pay an attorney
if possible, but the only info I have found says I am entitled to a
COLA but that it only applies if NY state is currently collecting and
dispensing my child support, which they are not.
Thank you.
1 Answer from Attorneys
Re: how to apply for COLA?
The order of the court is important, but you have a right to apply for the COLA. The application should be made as a 'change in circumstances' (the change is the fact that your child-related expenses have increased.
The clerk of the court is likely to be of significant assistence to you in filing the right documents. Go to the courthouse and find the office that will help you (the names change, but not the function).
Document the changes thoroughly, because that will be the basis of the court's decision.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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