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  1. #1
    Join Date
    Mar 2016
    Posts
    1

    Default Non-Custodial Parent is Seeking Legal Fees for a Petition to Modify Support

    My question involves a child support case from the State of: NY
    My child's father doesn't want anything to do with him and has signed rights over last year for my soon to be 3yr old boy. Initially, when this case started, his lawyer tricked me into accepting an agreement for $600 a month while my son was entitled to $900+[on the understanding he was going to be involved, he lied]. I tried to take him back for modifications due to him not being involved, a change in my circumstance,the magistrate did not rule in my favor as he has lawyer and I do not. He took a long time to add my son to his plan and my son just now got rx and dental two years later! well, recently we were in court for him to prove when my son was added to plan but instead he asked for an adjournment to petition for legal fees/harassment as he had to come back and forth to court. I'm appalled at the whole notion.

    Questions: How can I get out of that agreement?
    What's the best defense against such a ridiculous claim?
    How do I get a new judge or take this to higher court?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Non-Custodial Parent is Seeking Legal Fees for a Petition to Modify Support

    First, the child is not "my son" but "our son".

    Second, get an attorney. You do not have the knowledge or temperament to have this a DIY project.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Non-Custodial Parent is Seeking Legal Fees for a Petition to Modify Support

    Quote Quoting Motherupset
    View Post
    My question involves a child support case from the State of: NY
    My child's father doesn't want anything to do with him and has signed rights over last year for my soon to be 3yr old boy. Initially, when this case started, his lawyer tricked me into accepting an agreement for $600 a month while my son was entitled to $900+[on the understanding he was going to be involved, he lied]. I tried to take him back for modifications due to him not being involved, a change in my circumstance,the magistrate did not rule in my favor as he has lawyer and I do not. He took a long time to add my son to his plan and my son just now got rx and dental two years later! well, recently we were in court for him to prove when my son was added to plan but instead he asked for an adjournment to petition for legal fees/harassment as he had to come back and forth to court. I'm appalled at the whole notion.

    Questions: How can I get out of that agreement?
    What's the best defense against such a ridiculous claim?
    How do I get a new judge or take this to higher court?
    You said modifications - plural. Exactly how many times have you taken him back to court and during which period of time?

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