Legal Question in Family Law in New York
Day Care
I'm in the midst of a nasty divorce. In the past 2 years, my salary has decreased and I managed to get the courts to reduce my child support. Though she is working and her salary has increased, she has asked the court to have me pay 60% of the child care expenses. She won and now I am on the brink of banruptcy. What are my options? Is there any way I can appeal this decision?
Thank you.
2 Answers from Attorneys
Re: Day Care
Child care expenses should be split according to income. If a Family Court Hearing Examiner made the decision in your case, you can file "objections." The Family Court clerk can provide you the form. If a Supreme Court judge made the decision in your case, you will have to appeal to the Appellate Division. In either
case, you have a very short period to appeal, 30 days. Good luck.
Please note, child support obligations are NOT dischargeable in bankruptcy.
Re: Day Care
Appeals of temporary orders are seldom succussful. The Appellate Division usually holds that "the best remedy for dissatisfaction with a temporary order is a speedy trial."
Ask your attorney to settle your case without further motion practice. Bring it to a resolution, preferably by settlement, but if necessary, by being ready for trial.
I have been an attorney for over 30 years. I find that the best way to get a case settled is to convince the opposition that we are ready for trial.
Without more facts, I cannot give you specific advice here. If you wish to discuss this with me privately, please call to schedule a consultation / second opinion. (516) 741-7799
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