[fddrum]

New York Nassau County.

Children's father has made yet another request for modification in the past 3months. Lost previous 2 cases. I have to keep taking off from work. How do I stop this when none of his financials have changed. This is just being done to aggravate me.
Is there a way to appeal to the court before the date?

[GV70]

Generally anyone can seek a modification of a child support order by filing a case in the Probate and Family Court.

For a court to modify or change a child support order, there must be a material and significant change of circumstances since the last order was entered. He does not have to wait for three years to pass before seeking a modification of child support if he can show that a material and significant change of circumstances has occurred.

The Child Support Guidelines say that "A modification may be allowed upon showing a discrepancy of 20% or more between an established order and a proposed new order calculated under these guidelines."

In short-he can make unlimited requests for modification but it does not mean he may get modification...

[GV70]

He may file for modification so many as he wants He only has to:
# Go into the court that issued the child support order
# Fill out and file a Complaint for Modification - the Complaint and other forms described in this article are available free at the court and on this website. In the proper section of the Complaint write the facts that show that there has been a material and significant change in circumstances since the last child support order. This is an example of a Complaint for Modification that has been filled out.
# Obtain and fill out a Summons
# Serve the Complaint and Summons
# Arrange a court date for hearing on the Complaint - speak to a court clerk about how to arrange a court date for the hearing.
# Fill out a Financial Statement form and provide a copy to you.
# Send a blank Financial Statement form to you with a written request that he fill it out and give you a copy.
# Fill out a Child Support Guidelines Worksheet.

[GV70]

Is there a way to appeal to the court before the date?

No.

[ScottGem]

Have modifications been granted? You say his financial situation hasn't changed. So is the court denying his motions?

Are you represented by an attorney?

If not, I would try this the next time he files. I would file a counter motion for court costs and lost wages. Point out to the court, that he's filed for a modification when there has been no change in circumstances.

[fddrum]

Can't believe the child support court system doesn't have a frivolous rule like they do for divorce proceedings where as lawyers & complaintants can be fined for wasting state tax dollars. NYCRR 130.01 ?

[GV70]

Can't believe the child support court system doesn't have a frivolous rule like they do for divorce proceedings where as lawyers & complaintants can be fined for wasting state tax dollars. NYCRR 130.01 ?

As Scott wrote above you may file a civil suit against him for court costs c in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney's fees.You may include lost earning,too.

[ScottGem]

Hmm, that rule does specifically exclude Family Court proceedings. Have you asked in the Family law court if there is a similar rule?

[fddrum]

Thanks for everyone's feedback. I believe it only excludes Family court hearing officers but not Family court judges. Either way , it's another court date and lost wages.

[Fr_Chuck]

I know in GA, they don't allow modifications unless there has been a change, Do you have an attorney, in his filings he should have ( in GA we do) have to provide all of the finicial data , your attorney merely file to have case dismissed ( before hearing) on grouds it is merely am abusive filing to harrass you.