Legal Question in Family Law in New York

child support fraud
I filed a downward modification on 1/2004. My sons mother filed a violation in 6/2004. We went to trial 8/2004. At trial, the hearing examiner claimed I can't present any evidence about fraud because I filed the wrong paperwork(meaning downward modification.) He sentenced me to 5 months in jail. 2-15-2005, I went to jail but I filed a motion to vacate order because of the fraud. Hearing was on 3-2-2005 at the hearing after oral argument and showing of evidence the hearing examiner denies my motion but says I have a strong case for a downward modification. He sent me back to jail, I was release 7-15-2005. My sons mother has now moved I am not sure were they are. What should I do being I can't serve her and the hearing examiner has denied my of a fair trial, with this I filed the wrong paperwork and it was the right paperwork only after I am in jail?

Asked on 3/06/06, 12:53 am

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: child support fraud

This is a very difficult situation. It is very unusual for a HE to deal this way with a pro se applicant (someone without a lawyer).

On the plus side, you can ask the court to serve the other party in Family Court; they have her address.

In addition, do you have visitation? You need an address for that.

Answered on 3/06/06, 12:15 pm

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