Q: What form do I file to take my case before a new judge for child support?
The judge assumed my income and after presenting proof of income and tax returns. She said I have to go before a new judge to go over her ruling. What forms do I file? I have been doing this without public defender or attorney. I am being asked for 28.5% of my income for one child, not 17%.
A: I'm guessing there are a few things missing from your narrative. First, please note that to the extent any of your descriptions or facts are related to GA proceedings, I am not licensed or admitted in GA. Next: in NY, Support Magistrates generally preside over support proceedings in Family Court (or, sometimes, you may have support proceedings before a judicial hearing officer, or "JHO". When you say the court "assumed" your income I'm guessing that what you mean is that the court "imputed" income to you based on a number of factors (words have particular meanings that have to be understood and used in proper context, especially in court). Finally, the 17% you refer to relates to the percentage of income for one (1) child that is used to calculate support obligations under New York's CSSA (Child Support Standards Act, Section 240 of the Domestic Relations Law (DRL)). The 28.5% you refer to may be the percentage of the 17% for which you are obligated. It is just not clear from your descriptions. What IS clear is that you do not seem to have a good understanding of what is going on in your case. You really need to consult with a qualified and experienced Family Law attorney. (PS: Unless there are factors in other parts of New York than in the rest of the known NY universe, you generally cannot get the help of a public defender in a straight support proceeding UNLESS you're involved a violation proceeding and are facing possible jail for violating a previous or existing court order.) Call a lawyer. Best of luck.
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