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How can I correct a child support arrears judgment owed to DSS after my Motion to Vacate was denied as “defective”?

  • By: David Bliven

Q: My wife was receiving social services, and after two years of assistance—during which I was making support payments that DSS was aware of and included in her budget—they filed a child support petition against me. I missed the court hearing, and a judgment for over $15,000 in arrears was entered against me. When I filed my motion, I included all my proof and calculations to show that the amount was incorrect. Despite this, my motion was denied, and I still don’t know what to do. I’m currently on unemployment and struggling to figure this out.

A: If your motion to vacate your default was denied, then your next step is to file an Objection Appeal – which must be done within 30 days of the date of the denial order. Your other option is to file a downward modification petition, asking the Court to re-calculate the support going forward. Schedule a consult with a Westchester Child Support Attorney for a full assessment.

David Bliven: White Plains & Bronx Family Law Attorney

Serving primarily White Plains and the Bronx, we provide
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