Wednesday, July 10, 2013

What is a Amended Petition? Do i really need one for a existing Enforcement & Modification of another court.judge gave me option

Q:  I Already have a decison support order in existence now, when my spousal support ended in the 3 year span,since the judge from that county could not set a set price for child care,they incorperated it into the spousal support, problem is when the spousal support expired in august 2012, so did the childcare. Child care was not disucssed in the divorce papers final decisons, but it states it clearly in the court order.It states once the spousel support was terminated,it needs to b recalculated. The only child we have is special needs. This court order was issued in orange county,Ny,& is now being reinforced & modified in westchester county,ny.Judge suggusted if i want to get a amended petition too. If i do this would it be wise,& what would i exactly Phycially bring to specify to the courts?

Additional information
I am a single parent of a special needs child. I am also searching for a probono attorney or agency in the westchester county that i can speak to in refrence to this already existing Enforcement & Modification of a support order from another county, does anyone no of any? It would be eternally grateful!!!!!! THANK YOU


A: David's Answer:  An amended petition simply adds a cause of action and/or allegation to an existing petition. As to whether that's your best route, one would need to know what petition, if any, is pending before the Court currently. Thus, schedule a consultation with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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