What is the test for a motion to modify a child support order?
"New York", United States of America
The following excerpt is from I.F. v. J.S., 2018 NY Slip Op 28407 (N.Y. Fam. 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 AD3d 1347, 1348 (2d Dept 2010). The Respondent father has failed to make this showing.
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