Legal Question in Family Law in New York
modification problems
I lost my job in Sept. and was originally paying 495 per week in support. The judge based his denial of modification on heresay from my ex. I sent an Objection letter and it was denied by the Courts. Now I want to send an Appeal. I can't afford Legal help and i'm scared of going to jail because of the judgement she wants to place on me for non-payments. I currently have been paying 110 dollars per week since i lost my job, which is 17 percent of my current salary. What do I do?
1 Answer from Attorneys
Re: modification problems
You are in quite a pickle in this matter.
If the court ordered you to pay $495.00 per week and it was affirmed by the judge, the only thing that you can do is appeal. At 495 per week - this equals almost $25,000 per year. A notice of Appeal has to be filed within 30 days after the Order and Judgment of the court has been served upon you - otherwise your opportunity to appeal the matter is lost.
You have time after that to perfect the appeal.
Appeals are not cheap. The transcripts have to be ordered - legal research is done, A brief has to be prepared which is argument in legal form, and the lawyer has to go to the Appellate Court to argue it out.
If you don't pay the $495.00 per week as ordered, you can be incarcerated for 6 months, loose your drivers license, loose your pasport, tax refunds, bank accounts, etc.
Child support is not discharged in bankruptcy, and if reduced to judgment you will pay 9% per annum on the unpaid amount.
The court's are not lenient on fathers who don't pay support.
The cost of an appeal is $5,000 for legal fees and out of pocket expenses of approximately $2,000.00 (variable). However it is still cheaper then going to jail for 6 months and the $25,000
If you would like to retain the services of this office to perfect the appeal, please contact me immediately.