Q: Uncontested divorce lacks sufficient child support amount, action will be dismissed in 30 days, what is the action
We used a well know service provider, neither party was given copies of paper work. They are not open due to covid-19. The support amount is of by 2 dollars. Will the application for divorce be thrown out over this issue? The court has given me or us 30 days to provide the documentation or the action will be dismissed without prejudice. What does this mean. The petitioner is not even worried about support, the amount given is actually more then what is apparently the standard 17%. The petitioner is saying that it is my issue. But the service provider again only working thru email states they do not represent me but the petitioner.
A: This is why you should have used an attorney and not a "service provider". Attorneys know how to word the documents and present them properly. Take it to a real divorce attorney and get it done correctly.
A: your question is confusing as you say the divorce "lacked sufficient child support" and then say it is more that what is required by the 17% guideline. When you deviate from the presumptive correct amount (the formula) either up or down, you have to explain to the court why that was done. As to the required documentation, since you haven't said what is requested there is no way to know what is going on.
A: Child support for one child is calculated as 17% of the combined income of the parties, up to $154,000.00. If there is an error in the child support calculations, the Court might not accept your uncontested divorce paperwork. The Domestic Relations Law requires very specific language in all divorce agreements. Non-attorney "service providers" may not be familiar with the details required by the law.
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