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Do support magistrates tend to frequently lower child support based only on what the noncustodial parent says?

Bronx, NY |

I recently got a final support order. In my temporary order I had received a WHOPPING $40/week (being facetious here). We went back to court for the final order and now my son's father claimed he lost his job and cannot pay $160/month. The judge now made a $25/month court order. He didn't show any proof of this job loss and lied repeatedly under oath. Do support magistrates frequently make decisions of reducing child support without any proof from the noncustodial parent? It just seems like justice is not being served, especially since I brought in all the proof of income and expenses that I was asked to bring in and he came in empty handed.

Attorney Answers 3

Posted

See my answer to your prior posting. The Judges role isn't necessarily to "challenge" the father's proof, but to hear the evidence presented & rule upon it. You had the ability to challenge the father's case, but I presume you represented yourself & thus (& this is meant with no offense) did did not know how to properly do so. Thus, I reiterate that its worth it to schedule a free consultation with a Bronx Co. Child Support lawyer.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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Asker

Posted

Thanks for your response. I did challenge the lies he told the judge. In fact, I even brought in am email that proved that he was lying, but it was in Spanish and the judge refused to let me translate it on the spot or use an interpreter. So, she wouldn't even hear it.

David Ivan Bliven

David Ivan Bliven

Posted

Your error, if anything, was in trying to represent yourself. I say that because you were not aware you needed to present the e-mail in a certain manner ( you can't just give it to the Magistrate). At the least, you owe it to yourself and your case to set-up an appointment with a Bronx Co Child Support lawyer.

Posted

It is a question of how the evidence was presented. Was there a proper cross examination. You brought in a document in Spanish to the court. A document can not speak in a courtroom. You need to have a certified translation brought to court, the court will not be responsible to translate your documents. Is it a two step order or is there a future court date? Did the non custodial parent being in a job search diary? You should consult with an experienced local lawyer to assist you. Representing yourself in court is not easy and the results are seldom good.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

No, they don't. You would to ask for a hearing. At that time, you are entitled to subpoena documents and witnesses and ask questions of the noncustodial parent yourself, before a decision can be made to reduce child support.

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