Q: I won my child support case, my ex was given 30 days to appeal but she didn’t. Now 7 months later she’s trying to, help?
I lost my job and filed a petition to change my support order until I got a new job. The judge ruled in my favor because my ex didn’t show up to court. He ruled I don’t owe back child support. She had 30 days to appeal the decision but didn’t. 7 months later she filed a support summons in a different county (she moved) stating I still owe her over $4000 in back child support. I spoke with the court she filed in, they have both docket numbers, the one I won and the new one she filed. The judge still scheduled a court hearing. I asked the court of the original order what I could do since it’s against procedure to file a violation against me when I won my case. They said they couldn’t give me any legal advice. What rights do I have to fight her summons if she already lost the case she’s trying to file a violation for? I shouldn’t have to go to court again because she wants to appeal the judgement now. Shouldn’t the court see this on my docket number and tell her sorry she can’t do that?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (718) 745-3600
- View Profile
- Answered
A:
The asker describes what typically happens when individual litigants attempt to do legal representation without an attorney. The labyrinthine process makes no sense even to experienced attorneys. Let us unpack what the procedure was the asker is describing.
The loss of a job is no basis for an increase in child support, and the asker prevailed only because the mother failed to appear. She defaulted. She has one year to vacate her default if she chooses, and she has the thirty day objections period she blew off.
Then, because the mother did not file a violation petition, the family court support magistrate did not impose sanctions against the asker for the arrearage. Instead, the mother who is owed $4,000 in child support, filed something, presumably a violation petition among other petitions, in another county, and the support magistrate in that county apparently will hear her petitions.
All of this is normal in child support practice. The mother is making a mistake by not moving to vacate her default, but apparently she is seeking an increase back to what she had under the prior order of support in another county. She can also file a violation petition whether the asker prevailed or not. The support magistrate can either transfer the matter back to the first family court or can decide to keep the case if the mother now resides in the second court's county.
The asker has to retain and maintain legal counsel throughout his foray into family court. He will not do well otherwise.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
