Legal Question in Family Law in New York

Child Support - Downward Modification

I would like to know if I could file for a downward modification of my child support based on the following: (1) The mother of my alleged child (who is here illegally due to an expired I-94) took me to court to get more money because she put the child in day care - since she is not suppose to be working, couldn't she care for the child to eliminate the day care expense? When we went to court, they didn't bother to ask her how is it that she is working (which she claimed) when she mentioned that she didn't have a SS#. Will the court take that into consideration on my behalf?


Asked on 5/08/06, 11:25 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Child Support - Downward Modification

This is one of the advantages of being represented by a lawyer: these questions get asked!

If she obtained the modification by fraud, you should be able to 'vacate' the modification. Yes, you have suggested a valid (and coinvincing) basis for relief.

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Answered on 5/08/06, 1:59 pm


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