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Asked 1/18/2012

How do i file an oppostion to a motion to vacate a child support order.

How do i file an oppostion to a motion to vacate a child support order. we were seen several times at the end of 2010 and begining of 2011. The we had several court dates where the judge ordered him to submit financials. The only thing he did submit was a 2009 tax return with no back up. she asked for 2008 as well but he did not supply it. the judgement was granted on default because he did not show up and the order was based on the finacial information he supplied at the end of dec 2010. Father was on unemeployement and workers comp in 2009 in addition to working off the books. now he claims workers come has run out and that he has no income at all. his atty is trying to open judgement so he will not be responsible for the 10,000 he owes.

 
 
 
 
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Answer 1/5 - Submitted 1/18/2012

Hi, bethanne, and welcome to WebAnswers.

First of all, it would be helpful to know in what jurisdiction this matter is located. And, it would be helpful to know if you have an attorney, as well,

Thank you for your question.


Just say "no" to deadbeat dads and SOPA!

 
 

Answer 2/5 - Submitted 1/18/2012

This is nassau county, new york. I had an aty in the begining but I can no longer afford one.

 
 

Answer 3/5 - Submitted 1/18/2012

Have you gone to the Legal Aid Society of Nassau County.?

 
 

Answer 4/5 - Submitted 1/18/2012

Legal aid of nassau is representing him. The problem is I work and have and income so I am not eligable. It is not taken into consideration what my expenses are just my gross, that is why i am forced to represent myself. But thanks for the suggestion.

 
 

Answer 5/5 - Submitted 1/18/2012

The problem is that the court forms don't have a specific motion in opposition. You could cobble together one, however, if you used one of the forms available, here:

http://www.nycourts.gov/forms/familycourt/childsup port.shtml

Make sure that you use the general template of all of the forms, and re-title it:

Motion in Opposition to Plaintiff's Motion, using this specific form as a guideline:

http://www.nycourts.gov/forms/familycourt/pdfs/4-2 0.pdf


Let me know if that works for you.

 
 
 
 
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