Modification Petition

[onedaddy]

First, let me say in agreement with the above posts, you have been a true blessing and I cannot thank you enough for you time and insight.

We are in NY and on 6/28, in the middle of our custody trial the judge awarded a temporary order of custody and visitation stating joint custody shall continue, however, the children shall reside with their father commencing 7/1 and visitation with mother shall be as mutually agreed upon by the parties.

We are trying to stop his child support and the agency emailed me that we need to file a modification petition.

1)  Can you explain briefly why we have to file yet another petition and the order itself is not enough?

2) We have already spent some $100,000 on this case, do you know where I can get an outline of one so I can file this myself and not pay our lawyer any more $$?

[socrateaser]

>1)  Can you explain briefly why we have to file yet another
>petition and the order itself is not enough?

Custody and support are independent issues. If you didn't request a support mod in your custody pleadings, then the court has no authority to decide the issue, and you must file a petition/motion to modify now to provide the court with said authority. In a civil suit, the court has only the jurisdictional authority to determine the issues presented by the parties, except where otherwise provided with express instruction by statute or case law.

>2) We have already spent some $100,000 on this case, do you
>know where I can get an outline of one so I can file this
>myself and not pay our lawyer any more $$?

You should be able to get the court's family law facilitator to provide you with support mod forms, or NY Child Support Enforcement to start a case to modify the orders for you.