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Is there a statute limiting how long an upward modification of child support can take in family court?

Buffalo, NY |

I filed for an upward modification of support in family court the middle of July. It is now late October. Is there a time limit on how long the other party can keep adjourning and dragging things out? Is there a time frame by which the matter has to go to trial? There are other petitions that were filed at the same time, such as family offense (order of protection), non-payment of support, etc.

Attorney Answers 3

  1. There are rules of court that establish "standards and goals" for how long a case may take. I have never seen these rules followed, ever. I have a child support case going on for eighteen months with no end in sight. Welcome to our world. Do you see your kid?

    Good luck.

  2. Perhaps you should consult with an attorney in your area to see if there is anything that can be done to speed things up. There are attorneys that offer free consultations. Unfortunately, cases drag out. Good luck.

  3. Good morning. I am an attorney in Buffalo and handle cases in family court on a daily basis. Typically, the Court's standards and goals dictate that they would like to resolve a case within 6 months of filing. However, delays, sometimes intentional, sometimes unavoidable occur. However, there is no defined time frame. I would be happy to help you expoedite the process if possible. Certainly, if one party is delaying purposefully, then their are remedies to schedule a trial on a date certain and the Court will be extremely reluctant to entertain another delay.
    You can contact me at 716-759-4529 or
    Good luck.

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