Smithtown, NY asked in Divorce and Family Law for New York

Q: My husband is pretending depressed and not getting a job to avoid paying child support for our two children.

The Family court decided on his favor. They ordered only $486 per month for two children. Please let me know how can I appeal this order?

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2 Lawyer Answers
Christine Moccia
Christine Moccia
Answered
  • Rye Brook, NY
  • Licensed in New York

A: You are in a tough spot. If the order was following a hearing, then did the Court take evidence and testimony of his diagnosis, condition, medications? If he is medically depressed and has the proof then there is not much you can do at this time. You can re-file maybe in 6 months and have another hearing. Are the meds working, can he go back to work? If you received $486 per month, was this based on his social security disability payments or private insurance disability payments? There are a lot of issues here. It would be a good idea for you to set up an appointment for a consultation with an attorney and bring all of your paperwork just to be assured that you are doing everything for your children. I have faced these types of situations before and it's a difficult situation. I suggest a consult for a review of your paperwork and situation more thoroughly.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: If he's not working and not making money, I see no basis to ask for more child support, unless he's defrauding the court. Do you have evidence that he's defrauding the court by "pretending" to be depressed? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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