Q: I have just come to know that I have to appear for child support modification case for my son. I already pay a good amount in child support. The papers were not served on me. I plan to appear in the court but I cannot prepare my financial statement as I have no time. Is it ok to not fill out the financial statement and ask court for some time? What should I do as next steps? My ex is asking to include the day care expenses in the SCU garnishment from my paycheck when my son is already 4.2 years old. She kept delaying posting the receipts on Family Wizard and now she says that I have not been paying on time. I am unable to prepare because I was not even served with the papers. Also, as my son is already 4.2 years old, he will go to the school and the exorbitant day care expenses ($ 1800 per month) will not remain what they are right now. The papers were served at my previous lawyer’s office and I did not get a chance to prepare. Can I take more time from court? Can I stop her from asking money for daycare expenses through garnishment?
A: Generally if this is the initial court appearance, each side is entitled to 1 good-faith adjournment per case. So when the Magistrate advises you “you’re entitled to be represented by an attorney, and to request an adjournment in order to hire or consult with counsel,” then ask for an adjournment at that point. You should then schedule a consult with a Westchester Child Support attorney for a full assessment.