Legal Question in Family Law in New York

Child Support Default Order based on invalid circumstance

I received a letter from family court stating that a default order was issued in my absence. Problem is I was not aware of any court date. I suspect respondent changed the original court date (which was scheduled for April), did not notify me, and presented court with false proof of service. I called the court and they say I can come to the record room to see what was actually presented & said in court on the day that I was not present. However, they don't believe the files will be back in the record room anytime soon.

The support amount was reduced to an insanely low amount. There was no mention of arrears, or the previously awarded childcare and medical support. The new amount will cause a huge hardship to me and my child.

What can I do?


Asked on 3/22/04, 12:44 pm

1 Answer from Attorneys

richard feldman richard d. feldman

Re: Child Support Default Order based on invalid circumstance

a motion can be made to vacate the default and reopen the case. you should have an attorney you can call me at 212 683 8677

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Answered on 3/23/04, 9:06 am


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