The Mother filed a petition for Child Support with the Family Court, and trumped up the Father’s income figures therein. The Mother then failed to serve the Father with the Summons. The Father did not appear in Court to contest the proceeding.
The Family Court Support Magistrate entered an Order on default directing the Father to pay a significant amount of child support every week; more than his actual income called for.
Upon Motion of Pascazi Law Offices to vacate the support Order under the Due Process Clauses of the United States and New York Constitutions, the Family Court vacated the support order. The Father was then credited with the monies he had paid pursuant to the void Order by the Support Collection Unit. The important point was that the Father was not served with the Summons, thereby, depriving the Court of jurisdiction over the matter.
The Father had no problem supporting his child but wanted to do so as the law provided. Not based upon some “made up” income figure. Subsequent to Pascazi Law Offices PLLC winning the vacatur motion, the Father’s child support was reduced by 33%, reflecting his actual income level and the child support law.
Should you, a loved one or a friend become involved with a child support case, seek competent legal advice as soon as possible. Child support matters are complicated and require a good experienced lawyer. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents persons that are involved in child support cases.