Saturday, May 11, 2013

Motion to modify child support denied - NY

Q:  I just had a family court DENY a motion to have my child support raised. The decision was DENIED, NOT denied without prejudice. My question - How long before my ex starts harassing me again with more petitions. She never stops... ive been in and out of court almost non-stop since 2011 and i want the brakes put on this lunatic so i dont have to miss more work...there has to be SOME limit since she was just denied.... but i have no idea what that limit is...

A:  David's Answer:  I agree with the other poser - if she files again for the same exact relief, you should file a cross-motion for sanctions both in the form of a fine as well as in the form of attorney's fees. You can also ask the Judge to direct that she only file future petitions in the form of an order to show cause, which then would require the Judge's review of the petition first before directing it be served on you.   -- David Bliven, Westchester Child Support attorney (

1 comment:

  1. Certainly one of the most emotionally charged aspects of your divorce concerns your child or children. Tragically, children all too often get caught in the cross-fire of divorcing parents, when what should be ultimately important to everyone concerned is the welfare of the child.
    Child Support Attorney Long Island, NY