Sunday, January 26, 2014

Can a Judge make decision without seeing both parties in matter of modification of child support and alimony and arrears?

Q:  My husband filed for the modification of child support and alimony and arrears. 
His ex wife agreed to erased the arrears and lowering alimony and child support basing on his income and both of them agreed and agreement was reached.
To get the agreement correctly done. We went to court and filed the modification paper.
My husband sent out paperworks a month ago and waiting to get the court date. The other party never sent any paperwork regarding the agreement. His ex wife is just waiting on for the court date to tell a Judge that she agrees to whatever was written down on modification paper.
My husband called to see how come he is not getting a date yet and said paperwork will be sent out soon 5 days ago.
Today, he called again and the lady said "Judge is making decision without seeing both

Additional information

I never heard of a Judge not seeing both parties regarding modification process. Help me understand it. I could not understand this at all. 

What if judge refused to see both parties and go against their agreement? Then what? 
I am just very concerned. Maybe i am worrying about it for no reason but we don't want to waste our time going back and forth to the court. 
Case is in Nassau County Matrimonial Court. I mean... We paid $45 for that paperworks to be done. 

I already said "Modification". It was MOTION.

A:  David's Answer:  He probably would've been better off filing in Family Court - especially if he's representing himself. Yes, Supreme Court may make a "summary decision," meaning that the Judge may grant - or deny - relief based on the papers alone (without a hearing). As such, if he did not include a valid written agreement executed by the mother agreeing to modify the support, hopefully he attached proper exhibits to his motion demonstrating a basis for the modification. He's best advised to (at the least) consult a Child Support lawyer in is area.  -- David Bliven, Westchester Child Support attorney (

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