Legal Question in Family Law in New York

Re: child support

I'll try to answer your questions in order:

First, Yes you have to go to the courthouse yourself. You will have to testify as to the reasons for the modification.

Second, the proof will be a deomonstration that there has been a significant change in circumstances, not of your own making that require your modification, this will include documentation of your earnings, reasonable expenses and needs. remember that the childs other parent will be allowed to challenge this documentation. As for how long it takes, that is between you, the childs other parent and the court.

Third, You are supposed to get written notification of any change in the amount of support deducted from your paycheck or what you are required to pay directly. If you have not recieved notice you can bring an action that the payments should be reduced for a period of time due to the violation of your rights.

Last, you are required to support your child whether the child resides with you or not. The fact that you need the money to pay your own bills is not the concern of your child. You have a legal and moral obligation to support your child therefore you may have to get a second job or reduce your expenses but you will be required to pay. Your childs bills are your bills.

Joel R. Salinger, Esq.