Legal Question in Family Law in New York
Support Modification: Can I appeal?
I was suspended by my job without pay for approx 9 months, starting in December �02. During this time, I was not able to make support payments. In April I filed for a modification. In April/May �03, I received unemployment benefits for a period of 5 weeks, out of which $155.00 was taken for support from the $405 gross check. What minimal assets I had left, checking acc't with $200, IRA acc't of $300 were frozen.
Unemployment made the decision that I was not eligible for benefits due to the nature of my becoming suspended. Support magistrate made HIS decision based upon unemployment�s decision, and refused a downward mod.
In Nov. of �02 - December of �02 I attended a partial hospitalization program for problems which led to the demise of my job. I was also determined to be eligible as a client of VESID, a NYS program, due to my inability to work. The support magistrate refused to allow that into my case.
I now have a judgment for $18,000 which SCU has ordered me to present to my employer (whom I no longer work for)to take $400+ out of my pay bi-weekly.
I borrowed some money to return to school so I can get a better job, & am presently working a P/T job making 8.00/hr, 12 hrs a week
What can I do?
Thanks, Jerry.
1 Answer from Attorneys
Re: Support Modification: Can I appeal?
This is a tough case. The only remedy available is a motion to modify the support amount.
The facts you write suggest you have a very good case. I would be available to assist you on this matter for a minimal fee.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786