Q: I live in Bronx NY, filed for child support. My daughters dad purposely didn’t show up to court, and then strategically came up with an idea to have his current girlfriend who lives in Mount Vernon, NY to file for support for their twins so she would be granted support first, in return since their dating give him back the money and lessen the amount i would receive. Since i live in the Bronx, court dates are NOT given soon. However, in westchester NY the courts are less busier and you can get a sooner date. So i filed first and got a further date, she filed second but got a closer date and received her support a day before my 2nd court date. After finding out all of this in court i was granted a deviation and will be returning to court. Am i obligated to have my order granted first? And are there any suggestions on proving my case in court?
A: The statute is phrased as allowing a court to credit the payor with any prior order which has been entered. Thus, technically it doesn’t matter who files first in your scenario – it matters which order is entered first. Schedule a consult with a Bronx Child Support attorney for a full assessment.