Thank you for once again joining me for another instalment in this bullet-point guide on child support in family law. I’ve been using this bullet point series to try my best provide parties interested in family law and the decisions that need to be made by the court or people embroiled in these cases, with valuable information.
Here, like in my other guides in these series, you’ll find information organized into bullet points, so you can find quick answers to your questions. In this part of the child support bullets guide, we’ll be talking about what happens when incorrect information is in an income execution and the process of making objections to income executions. We’ll also be looking at the process of child support cases in family court before support magistrates and making written objections to support orders when required.
Wrong Information in a Child Support Income Execution
It should be noted that this is different than filing written objections to the support order itself which has a different procedure which is detailed below. In a family law case involving parents that were not married or at times the divorce between two parents, it’s the responsibility of the support magistrate or judge to act in the best interests of the child or children, within the boundaries of the law. To make a determination about things like child support, the judge may consider all of the information available about the couple (particularly incomes), the life of the child, and the circumstances in play. After the court makes the order, afterwards an income execution is sometimes made by the support collection unit of an attorney.
- Child and spousal support rulings can have a massive impact on all parties involved in a divorce or support case. However, it is possible in some cases that an income execution will contain the wrong information. In this case, the laws of New York allow for the adversely affected person to bring the mistake to the attention of the court, when the income execution is made by an attorney, or the support collection unit when the agency issues the income execution.
- If the party affected by the order brings a mistake of fact to the court or the agency, then the court or agency will examine this.
- Depending on the procedural elements of the case the adversely affected party will need to file an objection with the local court that has jurisdiction over the case or the support collection unit.
- When someone makes this objection, they will be permitted and encouraged to deliver any supporting evidence that demonstrates the mistake. The agency or court will usually have 45 days to review the objections and determine how to respond.
- If the party responsible for paying child support does not respond within 15 days, or the debtor objection is overruled by the authority responsible for reviewing it, the support order will become effective again.
Support Magistrates and Objections
Family law is an extremely complicated area, particular when it comes to dealing with couples who have children. Cases that involve child and spousal support can get tricky at times. These cases of support are usually initiated when petitions are filed with the family court in New York. If there is a divorce underway, this will be conducted with the supreme court. Family court support cases are assigned to support magistrates.
- Support magistrates are responsible for helping to determine how child support and spousal support should be provided in a case. These professionals can grant or determine various kinds of support according to the guidelines provided by the Family Court Act and the Uniform Interstate Family Support act.,
- The magistrate for the Support case will also be able to issues summons, deliver subpoenas, and decide motions based on section 153 of the Act for Family Court law, and they will also be able to decide on proceedings for civil practice law.
- In child support cases, and any other case that takes place before a support magistrate, it will be important to remember that the rules of evidence are applicable. This means that the magistrate will be able to administer oaths, and direct parties involved in the case to permit disclosure to deal with various issues.
- The determination that support magistrates provide will need to include findings of fact and a final order, which will be given to both of the parties involved. In some cases, parties involved with cases of support do not agree with these orders given.
- In the case that you don’t agree with the order provided, certain written objections can be filed and served to either party within 30 days of the order being delivered by hand, or within 35 days if the order is mailed.
- Any party involved with a case that chooses to make objections to the final order must ensure that a copy of these objections is also served to the opposing party in the case. The opposing party will then have 13 days in which they can deliver a rebuttal to any objections given.
- When reviews of objections are pending, the order given by the support magistrate will remain in effect. However, if a new order is issued, then the payments that the respondent made that go over that amount will act as credit to future obligations.
If you have any questions about the information outlined above, or you’d like to learn more about child support cases, please read through the blogs on this website. You can also get in touch to schedule a free consultation with me, Mr. Shapiro, for up to 30 minutes at available times. You can get in touch with our contact form, or with the number (516) 333-6555.