Q: i lost my job and go unemployment. 220 a week i then took a part time job for 7.50 an hour and lost 3 days of my unemployment bringing me to 55 a week unemployment and 75 dolars a week on my paycheck . big mistake. i am goin back to court to get a modification. will the judge understand that i was unjustly fired and that i am eligible for 220 a week but since i took a part time job am only recieving 50.. will the judge lower my support and daycare since i make well under 10000 a year and it wasnt my fault i got fired?
A: David's Answer: You ultimately have the burden to prove to the Judge that you were fired for reasons other than that it was "your fault." This may involve subpoenaing your ex-employer. You also have the burden of proving you've made a "diligent effort" to find work commensurate with your prior job. For a full assessment, schedule a consultation with a Dutchess/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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