Momto1yrold
Member
What is the name of your state? NY
Daughters father filed for downward modification reasons was "fired from current job". Went to court reasons were fired for no work, then switched to being laid off and not getting unemployment because of "misconduct (cashing a wrong check by mistake)". So judge gave time to find a new job. Come back to court after almost 2 months. He sent doctors notes and a note by him saying he fell down icy steps hurt neck/back (my side received no such info- this is his 2nd petition for a downward mod so he should have remembered the rules of sending copies to my side).
Petition was dismissed. Last week of March He filed a rebuttal form but meant to file objections and its in the courts computer as "pending". He just says in the objections hes still out on doctors orders and going to physical therapy etc (no proof of anything like dr notes saying hes out until further notice).
MAIN QUESTION:Its going to a higher judge (i assume like last time he objected), now since it didnt make it to a trial or hearing, if the judge says ok something is wrong and agrees with him, what happens do we go back for a trial/hearing or that judge decides on that ruling and if its lowered or how much its lowered to?
My side had not seen any of the stuff he sent to the magistrate about the injury/fall etc.
I think he may be working hes too worried about his license he even told the case worker he needs his license to find a new job (if hes out on medical leave he shouldnt be driving with a neck brace and that injury and why look for a job if he cant work on doctors orders anyway). He told case worker that he was overnighting $1500 in an attempt to get his license back. Case worker said he would work something out after he send in some kind of large payment, no word on if he did yet. Also was told that they hold those checks over $1000 for 10-15 days before it is even credited into the system, is this true?
Sorry about the long post.
Daughters father filed for downward modification reasons was "fired from current job". Went to court reasons were fired for no work, then switched to being laid off and not getting unemployment because of "misconduct (cashing a wrong check by mistake)". So judge gave time to find a new job. Come back to court after almost 2 months. He sent doctors notes and a note by him saying he fell down icy steps hurt neck/back (my side received no such info- this is his 2nd petition for a downward mod so he should have remembered the rules of sending copies to my side).
Petition was dismissed. Last week of March He filed a rebuttal form but meant to file objections and its in the courts computer as "pending". He just says in the objections hes still out on doctors orders and going to physical therapy etc (no proof of anything like dr notes saying hes out until further notice).
MAIN QUESTION:Its going to a higher judge (i assume like last time he objected), now since it didnt make it to a trial or hearing, if the judge says ok something is wrong and agrees with him, what happens do we go back for a trial/hearing or that judge decides on that ruling and if its lowered or how much its lowered to?
My side had not seen any of the stuff he sent to the magistrate about the injury/fall etc.
I think he may be working hes too worried about his license he even told the case worker he needs his license to find a new job (if hes out on medical leave he shouldnt be driving with a neck brace and that injury and why look for a job if he cant work on doctors orders anyway). He told case worker that he was overnighting $1500 in an attempt to get his license back. Case worker said he would work something out after he send in some kind of large payment, no word on if he did yet. Also was told that they hold those checks over $1000 for 10-15 days before it is even credited into the system, is this true?
Sorry about the long post.