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What should I do as the spouse of a mentally ill Non Custodial Parent who has a child support hearing and cannot attend?

Q: My husband owes money for child support arrears. He has not worked in many years. He was undiagnosed until about 2 months ago with Bipolar I, after being hospitalized. He is unable to leave the house due to delusions and manic behaviors. He has had several episodes and cannot attend the court hearing scheduled. What can I do? Can I go in his place? Can I ask the court for a modification? Can I ask for the hearing to be reschedule until my husband has become stable? Please note that he is under a Psychiatrists, therapists,and neurologists care. Any guidance is very much appreciated


A: You cannot go in his place. You’re best advised to retain an attorney, who would be able to present the proper evidence of his disability to the Court – and yes, he should file a downward modification petition. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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