Q: Child custody and child support
I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and it has been the 4th time that she has reset the child custody hearing since August. My children resides with me in New York and she resides in Texas. Is there a way to suspend child support since she keeps resetting hearing for child custody?
A: The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.
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A: In theory, you could file an order to show cause with the Court ion the child support case, requesting that the court issue a preliminary order suspending the child support. It's questionable whether the magistrate will grant same in advance of your regular return date & in advance of an order confirming the children are in your custody. But if you don't mind spending the money, it may be worth a shot. For more, schedule a consultation with a Westchester Child Support attorney.
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