Thursday, February 13, 2014

What form do I fill out to request an emergency temporary modification of child support in family court?

Q:  What form do I fill out to request a temporary emergency modification of child support? Do I have to do an order to show cause (supported by an affidavit) to get enough money to take care for the child until the trial 6 months from now? Grounds: dad grossly understated his income by over 600% on 2009 order, both parties have has more than 15% change in income, child's needs not met by current order, we suddenly/unexpectedly fled dad's house due to his drug relapse, and he has stopped paying all her customary expenses. Her lifestyle has since fallen from high to poverty-level. I will file the temporary order at the same time as I file a regular petition for upward modification. Please advise on proper papers to fill out to get quick results given child's post-dissolution concomitant need.

A:  David's Answer:  My question is: trial on what? If you filed a support modification petition & the earliest date the court gave you is 6 months from now, then that's the earliest date & you can't speed it up. If you have a divorce case pending, then yes, you can file an order to show cause seeking interim modification pending trial. Speak further with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

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