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Child Removed From Child Support Roster But Support Continues. How Do I Stop Support?

| Jul 24, 2016 | Uncategorized

Q: Child Support for 3 children was $303 per week. Child Support Agency enforces COLA with new payment at $335 weekly, listing only 2 children and omitting one child who has reached Majority age.
PROBLEM: My objection to the COLA was that a downward modification should accompany the emancipated child. The court over-ruled my objection citing that I should have moved for Modification before the COLA was applied. Now I am paying more for 2 children than I did for 3 at the same salary. The implication from the court is that I have forfeited my rights to a downward Modification for the emancipated child. What can I do?

A: David’s Answer: How long ago was the decision from the Magistrate? If less than 30 days ago, then you may be able to file an Objection appeal. If more than that, then your only shot now is to file a downward modification petition. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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