What should I do if I was told in court by the judge that I don't need to pay child support anymore but did not put it on record

Asked over 1 year ago - New York, NY

I filed a petition for downward modification of child support because I am unemployed. Also included in my petition was asking the judge to credit me for the amount I had overpaid my ex and apply it to any future support obligations. The judge then ordered that I do not owe any back support (deducted all balances from the overpaid amount) and told me that I don't need to pay child support for now until I find a job. My problem is that the judge did not send any order of her decision to the SCU and when I went to the court to get the order, there is no record or order of what she said in court. How can I prove to the SCU of what the judge told me during that time that my case was heard in court?

Attorney answers (2)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You may need to either write the Magistrate a letter requesting an order to that effect (make sure to copy the other side with the letter), or file a motion to restore the case to the calendar for purposes of entering an order. In any event, to the degree you have further questions, I encourage you to schedule a follow-up consultation with a NYC Child Support lawyer.

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  2. Edwin Drantivy

    Contributor Level 18

    Answered . Order a transcript of the hearing (if you can) and retain an attorney to file a Motion to Restore to Calendar. There you can request that the judge/magistrate reduce the terms of his/her decision to a written Order.

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