Legal Question in Family Law in New York
Child support & workers comp ?
My husband fell down a flight of stairs in December and is now out of work with no income (yet). He will eventually be collecting Workers Comp (was told 4-6 weeks).
He has 2 children from a previous marraige that he sends support to every 2 weeks. We cannot afford an attorney for the family law portion of this mess. He is on strict bed rest. What should we do?
His X wont even get on the phone with him so he can explain the situation, she makes her children do all of her talking for her. My husband is not a deadbeat dad. He really wants to do the right thing but does not know how. Please help!
Thank you! Any info is greatly appriciated.
2 Answers from Attorneys
Re: Child support & workers comp ?
In NY the Family Court is a Pro Se Court. Which means that your husband does not require an attorney, in Order to Petition for Downward Modification of the existing Support Order, based upon his current circumstances.
The Pro Se Family Court Clerk can assist in prep of the forms, but he needs to be prepared with sufficient documentation and proof of his claims.
You can also download the template forms from the NY State Court site, for your information.
Re: Child support & workers comp ?
The way to handle this problem is through a motion to modify the support order.
Go to the court and ask for help. Ask to have the matter put before a judge.
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