Legal Question in Family Law in New York

modification of a CS order

I just received a final CS order. The battle lasted for 16 months. Medical was not brought up during any of the hearings because I thought that the rules re medical are applied automatically. I thought that medical premiuum and non covered medical expence will be ordered to be split on a pro rata share. But the order has a different interpretation which is as follows: future non covered are to be split. Both parents to cover the child under available insurance. Why future? I had expnces all year while the order was not issued and my ex kept adjourniung the hearings. Question: how do I change (Hopefully I can) the order so that all non covered medical expences that occured for 16 months while the hearings were adjourned are to be split also(not just future). How to proceed(it's been more then 35 days and objection would not be accepted. Please, help


Asked on 6/24/03, 11:40 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: modification of a CS order

This is a difficult question. Easy to answer, but difficult to implement. I do not want to cririsize your current attorney, but was he aware of significant medical expenses as an ongoing issue during the 16 months?

You must petition the court to modify the CS order. Such modification petitions are submitted to the court every day and many are granted. While changed circumstances are the usual reason, whether the issue was before the court when the court issued the order is also a valid legal reason/justification. That would be your reason. You are welcome to a consultation at my offices at 42 West 44th Street, NY,NY at no fee. Please call first for an appointment. (646) 591-5786

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Answered on 6/24/03, 7:59 pm


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