Legal Question in Family Law in New York

child support
My wife left me and my 2 children ages 5 and 6 now, over a year ago. I had the children by myself for the past year. I tried to make several arangements with her for her to take the kids, but she usualy never showed up. I had a part time job and enrolled in college, which I was unable to attend due to my kids schedules conflicting with mine. I then got a job painting for the summer and I am now back to only my part time job again untill i find another job, My wife has since september been taking the kids every other week,(and usualy i end up taking them a day or two on her week) and she filed for support. When we went to our first court date I asked for time to get a lawyer or to prepare to represent myself. My wife called me about the next court date and told me she had to work and she was cancelling it. I didnt think anything of it and waited for the letter in the mail aboutnthe next date. well she didn't cancell it and she won because I wasnt there. She says she wasnt there either but she wont call and tell them she told me she cancelled it, and now I am ordered to pay starting right now. She has a felony on her record for stealing and I am certain she did this on purpose.What can I do about what she has done here?

Asked on 11/14/07, 9:02 am

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: child support

You are going to have to move to vacate the default judgment.

You should get an attorney. If you do not pay before the default is vacated you will be in contempt.

You could hire an attorney just to write the motion for you and you go to court and argue it if money is a problem.

Answered on 11/15/07, 9:38 am

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