Can you get a case dissmissed in a child support hearing – Avvo.com

Can you get a case dismissed in a child support hearing – Avvo.com.

your question involves the jurisdiction between PA and NY. Assuming that you live in PA and want a dismissal of the support proceeding under the UNIFORM INTERSTATE FAMILY SUPPORT ACT, then you would need to show the following:

1. the individual is personally served with a summons and petition
within this state;
2. the individual submits to the jurisdiction of this state by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction;)
3. the individual resided with the child in this state;
4. the individual resided in this state and provided prenatal
expenses or support for the child;
5. the child resides in this state as a result of the acts or
directives of the individual;
6. the individual engaged in sexual intercourse in this state and the
child may have been conceived by that act of intercourse;
7. the individual asserted parentage in the putative father registry
maintained in this state by the department of social services; or
8. there is any other basis consistent with the constitutions of this
state and the United States for the exercise of personal jurisdiction

If you already accepted service then you have waived any objection to personal jurisdiction. However, you can at any time raise an objection—for example, by way of a motion to dismiss under CPLR § 3211—at any time in the proceeding so long as you meet one of the requirements above

Nonetheless, that does not mean you will win the motion because (again) this is a procedurally technical area of the law; without much more detail it is almost impossible to answer without a) offering legal advice through AVVO, which would be an ethically improper of me or b) leaving open the infinite contingencies that could change my answer.

If you are going to move to dismiss under the UNIFORM INTERSTATE FAMILY SUPPORT ACT then you should speak to an attorney.

Related articles

• Child Support Price-Is-Right (kiss951.cbslocal.com)
• Demystifying the Law: Calculating Child Support (blogs.lawyers.com)

What to do when your ex refuses to obey a child support order…

Q: Will estranged husband be facing a contempt of court charge ?: My estranged husband is now in arrears for court ordered child support to the tune of $755.00, with his account charging every Tuesday. We are now dealing with custody issues, as I have physical custody and share joint custody, but I am seeking sole, legal custody. We recently had to go for Mental Evaluations for the custody issue. During his evaluation with my daughter, and the mental health evaluator he presented my daughter with a $500.00 iPad for her birthday. When my daughter told him he owes a lot of money in support, my estranged husbands reply was: I am not getting unemployment anymore because I am being investigated for fraud, so I can’t pay the support”. He then asked the evaluator to borrow money ! Asked about 4 hours ago in Child Support

A: Nicholas’s answer: Under those circumstances, it is important to proactively pursue intervention from the court–not re-actively wait (and assume) that the Court will take care of it. In the above example, you can file a “violation petition” alleging that your estranged husband “willfully” violated his Court-Ordered child support obligation. Go to the family court‘s petition room and let the clerk know that you want to file a petition for violation. Once you file a petition, you’ll appear before a magistrate that day. The magistrate will adjourn this new filing allowing you time to serve him with an affidavit proving this. Now, at this stage things become less a matter of formality and depend on what magistrate you appear before. Two equally plausible scenarios: 1. If you have proof of service and he does not show, there is a very good chance the court will issue a bench warrant for his arrest to bring him before the court. Most likely, the court will assign an attorney or give him opportunity to hire one. Next, the court can either release him to consult with the attorney and put the case on for another short date for him to offer a defense. Then it is your job to prove he willfully violated a support order. If you persuade the court with your argument and evidence the court could incarcerate him for civil contempt until he can repay the arrears. 2. On the other hand, if he appears then most likely everything mentioned in the first scenario remains the same except the court will not issue a warrant for his arrest. Also, depending on your magistrate, he or she will give him an opportunity to retain (or get assigned) a lawyer and then come back to court to argue the ultimate issue, whether he willfully violated the court order. IMPORTANT: It is crucial to separate the child support matter from your custody case. Yes, spending money for your daughter, his statements and the fact that if he were having money problems he could have come to court for a support downward modification might show wilfulness. Nonetheless, be careful not to press anything besides your child’s financial entitlement. The reason is that there are cases where people use child support violations as a means of forcing the other party to give in on a custody matter…that will raise eyebrows.