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.


Asked on 11/14/03, 12:24 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

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

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Answered on 11/14/03, 2:21 pm


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