Q: I just want to know what to expect when i go to court.i just got of maternity leave and am making a little bit more money than i did when the child support order was set for the ncp. will the court take that in consideration for a ncp and modify the order or will the ncp still have to pay the back child support that the ncp accrued? since the ncp just got a lunp sum. what should be asked in court.
A: David's Answer: Merely because you, as custodial parent, make more money will certainly not effect the violation case - nor is it likely to effect any modification case the NCP files. What you should ask for depends on a lot of things - if he's working, ask for a garnishment. Ask for production of a financial disclosure affidavit - if he has bank accounts, you can get a money judgment & execute against any assets there. If he's not working, ask for him to be referred to a jobs program and mandated to keep a job search diary with a minimum of 30 entries per week. - 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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