New York, NY asked in Child Support for New York

Q: If the amount of child support decided by the court will cause the noncustodial parent to impossibly pay his existing

debts can the noncustodial parent appeal to lower the amount?

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2 Lawyer Answers
Christopher N. Luhn
Christopher N. Luhn
Answered
  • Mechanicville, NY
  • Licensed in New York

A: You absolutely can appeal a decision issued by a support magistrate. The big question is: CAN you still file an appeal (you have up to 35 days to appeal, after that, you are probably out-of-luck, at least on this round).

Upending an Order of Support requires a showing of a substantial change in circumstances.

I strongly urge you to consult a knowledgeable Family Law lawyer to explore your options.

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

A: You can file for a modification of child support if you cannot afford to pay. Evidence is key. 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, www.AEesq.com. 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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