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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

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?

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Attorney answers 2


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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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.