Legal Question in Family Law in New York

Re: Child Support

In the absence of proof as to a respondent's income, the Court may order support based upon the child's needs. Depending on the reason why the respondent did not appear, there may be a basis to vacate (or undo) the order. If service of process was not good, the Court did not have jurisdiction and the entire proceeding can be dismissed, as well.

Re: Child Support

A non-custodial parent's basic child support obligation is based on what that parent earns, or in the discretion of the court, what he/she is capable of earning. Thus, a non-custodial parent can not avoid paying child support by failing to find work.

Keep in mind that child support is for the support of the child. Most parents care about their children and want to provide the most they can for them.

Re: Child Support

The Court can issue virtually any order, including child support, upon "default."

When a "Responding" party (Respondent) fails to Appear to Answer or Refute a Complaint Petition, the Child Support Judgment Order is often Based only upon the custodial parent's representation of what the non-custodial parent's income is or should be. In addition, the Family Court, (similiar to welfare agencies) has computer access to NYS tax/interest& other records, that is used to calculate a party's income.

However, If you had "good cause" for not appearing. You were not properly "served" with Notice of the proceeding, or have other GOOD CAUSE, for not appearing; And, you have a meritorious claim, (ie., the income & assets imputed to you is substanially greater that is actually the case), you might make a motion or application to Vacate the Default judgment. Or, if you have grounds to Appeal, you might do that, to downwardly modify the judgment/order, for child support.

Good luck,