File an appeal to child support modification dismissal or file for support

[kleigh75]

How does one go about filing an appeal to a dismissal of a child support modification request where it was ordered that the petition is dismissed with prejudice for failure to state a cause of action? This occurred in Suffolk County, New York.

The parents have joint custody and the mother's salary is now equal to or greater than the father's salary because the father took a 27% pay cut this year. The father has the child more than 50% of the time.

Or should the father file for child support from the mother? Can he do this with joint custody?

Any help would be appreciated.

 

[Proserpina]

What is the reason behind the pay cut?

As it stands, it's likely not appealable. There must be an error of law in order for it to be appealed and without a proper cause of action the judge was likely correct in dismissing the action.

The petitioner should refile with the correct cause of action.

 

[kleigh75]

The pay cut was because his position was excessed and he had to take a lower position at a lower salary. Shouldn't the cause of action be the 27% pay cut? What other cause of action could be used? The original case was a request for support modification. Is it possible to file a modification for a decision from another court?

 

[army judge]

The pay cut was because his position was excessed and he had to take a lower position at a lower salary. Shouldn't the cause of action be the 27% pay cut? What other cause of action could be used? The original case was a request for support modification. Is it possible to file a modification for a decision from another court?

You need an attorney, if you wish to achieve a modicum of success.

Talk to a couple.

The initial consultations are free.