What is the test for a motion by a father seeking a modification to his child's support order?
"New York", United States of America
The following excerpt is from I.F. v. J.S., 62 Misc.3d 743, 89 N.Y.S.3d 828 (N.Y. Cty. Ct. 2018):
Even if the Respondent father's motion were timely under CPLR Rule 5015(a)(1), in order to prevail, the father would have had to demonstrate a reasonable excuse for his default in opposing the application for modification of the support order and to demonstrate the existence of a potentially meritorious defense to that application. Proctor-Shields v. Shields , 74 A.D.3d 1347, 1348, 904 N.Y.S.2d 183 (2d Dept. 2010). The Respondent father has failed to make this showing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What is the test for a motion to modify a child support order? ("New York", United States of America)
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
What is the test for classifying an after-adopted child as a "special needs child" for purposes of determining child support? (MultiRegion, United States of America)
Does the Boden requirement of a showing of unforeseen change apply to a child support proceeding when the parties' agreement contains no child support provisions? ("New York", United States of America)
Is a father's support agreement which does not make any provision for the father to provide support for his children void on its face? ("New York", United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Does the Child Support Regulator have the power to prevent a plaintiff from moving to another state to avoid paying child support? (MultiRegion, United States of America)
Does a motion to reopen or reconsider a final order of deportation need to be consolidated with a motion seeking to reopen and reconsider? (MultiRegion, United States of America)
What is the test for making provision for child support under section 101 of the Ontario Child Support Act? ("New York", United States of America)
