Over 30 years of experience in divorce & family law

DOWNWARD MODIFICATION OF CHILD SUPPORT FOLLOWING A LAYOFF DUE TO THE CORONAVIRUS, COVID-19 REQUIRE CERTAIN PROCEDURES FOLLOWING THE CLOSURE OF NASSAU COUNTY FAMILY COURT

FAMILY LAWYER NASSAU COUNTY NY

H. Michael Stern, Esq., a New York matrimonial and family law attorney and mediator with over 34 years of experience is available to assist litigants in the preparation of the documentation needed to file a downward modification of Child Support Petition in the Nassau County New York Family Court.

If you have been the victim of a permanent lay off from your job, suffered a business closure or similar situation, my office is available to assist you in filing the Order to Show Cause, petition and information sheet as well as represent you in front of the Support Magistrate when the Court’s reopen.
DOWNWARD MODIFICATION

Generally speaking, a person who suffers an involuntary layoff (of a non-temporary nature) which is not attributable to the actions of the employee, must file a petition for downward modification to obtain relief from the accrual of child support arrears in the New York. The Court has discretion to deny applications where the disruption of employment is temporary. In the event of a permanent layoff from a job, the affected employee should be maintaining detailed records of his or her search for a new job until the court hearing is completed.

A downward modification case is typically started by the filing of an information sheet and a petition for a downward modification with the Family Court Clerk’s Office at the Courthouse in Westbury, NY. The filing date is critical as any adjustment in the amount of child support will be retroactive to the filing date if the application is successful. For the time being, the procedure has been changed.

Following the interim shutdown of the New York State Courts, except for “essential matters” due to the coronavirus, on March 17, 2020, I went to the new location for the Family Court Clerk’s office and discussed the procedure for filing a downward modification in the Nassau County Family Court with the clerks at the reception desk.

I was informed that the Clerk’s office would accept new petitions, but a petition alone would not suffice. I was told that an Order to Show Cause would have to be filed with the petition, which would then be presented to the Judge presiding for signature. The Judge would then assign a date for hearing the matter. This would lock in the date for retroactive application of any order if the applicant is successful.

Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice over the past 34 years. I encourage you to read the client testimonials on my website. Feel free to contact me, H. Michael Stern, Esq. a Long Island divorce and family law attorney, if you are interested in discussing your matrimonial, divorce or family by phone at 516-747-2290.
My Long Island office is conveniently located adjacent to the Roosevelt Field Mall ring road at 666 Old Country Road in Garden City, New York.


The above offers general information for educational purposes. It does not provide comprehensive or complete legal analysis. Any information that I provide should not be relied upon as legal advice or legal opinion on any particular facts or circumstances. Outcomes and results described do not mean or suggest that similar results or outcomes can or could be obtained in any other situation. Each legal matter should be considered to be factually unique and subject to varying results. The invitation to contact the author is not a solicitation to provide professional services, nor is it a statement of availability to perform legal services in any jurisdiction other than the State of New York. This is attorney advertising. Prior results do not guarantee future outcomes.