support issue

[Yurgee]

What is the name of your state (only U.S. law)?NY

I am currently in the process of trying to get physical custody of my son. He asked approximately 2 months ago if he could live with me, and my ex-wife will not consent so we have been going through the courts and he was assigned a law guardian. The judge and law guardian have told my ex the law and their recommendations, so it looks as if he'll be coming to live with me if she doesn't bring it to trial and even then he still may come with me. He has been with me since the 12th of April with no objection from my ex-wife.

I have been paying my support because our next court date is May 27th and the support is deducted from my paycheck. My question is, if they grant me temporary custody, can I modify the child support or does there have to be a final order?

 

[BL]

What is the name of your state (only U.S. law)?NY

I am currently in the process of trying to get physical custody of my son. He asked approximately 2 months ago if he could live with me, and my ex-wife will not consent so we have been going through the courts and he was assigned a law guardian. The judge and law guardian have told my ex the law and their recommendations, so it looks as if he'll be coming to live with me if she doesn't bring it to trial and even then he still may come with me. He has been with me since the 12th of April with no objection from my ex-wife.

I have been paying my support because our next court date is May 27th and the support is deducted from my paycheck. My question is, if they grant me temporary custody, can I modify the child support or does there have to be a final order?

You can always petition and be heard and show the Temp. order , however it shouldn't take that long from and temp. order to have another hearing to determine if you'll be awarded a final order of physical custody .

It would take about that long to be heard for CS modification .

At the least you should be able to have your obligations suspended with temp. custody , then have a reschedule after the final custody order(s).