Legal Question in Family Law in New York
Child Support Law
Myself and my wife ''ex to be'' are both living in the same house with two childern, one is over 18 and the other is 17 years old. I am the primary care taked of the household and pay the mortgage and all the food and boys college expenses. My wife only pays the utilities and sometimes part of the childern expenses, amounting to les than 10% of these expenses. My salary is $106K a year and her salary is $60K a year. My wife filled a pendente lite requesting that I pay child support to her, eventhough we both live in the same house and I support the childern. I responded back to her motion and provided all necessary documents, receipts and bills. The judge ordered me to pay her $350 a week in child support payments retroactive to the date she filled her motion. I am in the process of re-argue this decision and appeal it. I am not sure what the law states in New York in regarding to this decision and trying to understand how the Judge derived into this decision, which is based on complete fabrications and lies by my wife. The childern can support my claims that I am the main care taker on them. Do I have a chance in re-arguining the Judges decision?
2 Answers from Attorneys
Re: Child Support Law
I have the impression that you are representing yourself, and argued your own motion. If that is the case and the Court believes you can afford an attorney, the judge may have been sending you a message.....Get an attorney, before proceeding further.
A Pendente lite decision is not a final Order or Judgment and if you obtain proper representation, you will have a much better chance of a more equitiable resolution.
Good luck,
Phroska L. McAlister,ESQ
Re: Child Support Law
A chance? yes. A good chance. Not really. Once judge's have made decisions it is very difficult to get a judge to reconsider. It is equivalent, in sports, to getting a referee to change his call on a judgment. Whatever your wife argued, the judge found the arguments credible and weighed the credibility in making his determination.
The only time motions to reargue are ever sucessful is if new evidence is introduced that 1) Sheds a new light on the Judge's determination causing him to reconsider and 2) The new evidence was unknown or undiscoverable by the movant prior to the motion to reargue. It's a tough standard to overcome.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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