Q: I recently got a final support order. In my temporary order I had received a WHOPPING $40/week (being facetious here). We went back to court for the final order and now my son's father claimed he lost his job and cannot pay $160/month. The judge now made a $25/month court order. He didn't show any proof of this job loss and lied repeatedly under oath. Do support magistrates frequently make decisions of reducing child support without any proof from the noncustodial parent? It just seems like justice is not being served, especially since I brought in all the proof of income and expenses that I was asked to bring in and he came in empty handed.
A: David's Answer: The Judges role isn't necessarily to "challenge" the father's proof, but to hear the evidence presented & rule upon it. You had the ability to challenge the father's case, but I presume you represented yourself & thus (& this is meant with no offense) did did not know how to properly do so. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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