Q: I am a resident of Maryland. Me and my wife had are child in Missouri because I was in the military. His birth certificate is from Missouri me and my wife separated. I filled for divorce in Missouri and she was not suppose to leave the state. She took my child to New York (Her home state, I have 0 connection with) She filled for public assistance and newyork put me on a temporary support order. I told them they didnt have jurisidiction over the phone. the judge said you might be right and postponed it. We had a new judge i said again newyork does not have jurisdiction. The judge put me on child support. Been on that order for 5 years. I have never filled anything, and have never been in the court. I have only talked to the magistrate cell phone when my wife had them call. Can i challenge the support order for lack of personal or subject matter jurisdiction. I have never signed any paper work or gave them any paper work stating my income nothing literally every hearing on my cell phone. I live in maryland. Need a modification lowering my child support because i make way less than i did in the military. My child gets SSI disability my Wife does too. Its a mess help plz!! any advice!
A: David’s Answer: If I understand correctly, you objected to jurisdiction, the 2d Magistrate denied your objection, entered an order 5 years ago – and you never appealed. If correct, then you cannot now challenge the Court’s jurisdiction – the time to do so was 5 years ago by appealing the case. As for your modification petition, you have the obligation of proving your reduction of income was no fault of your own (i.e., you did not voluntarily reduce your income). Schedule a consult with a Bronx Child Support attorney for a full assessment.