The Issue of Incorrect Information in Spousal or Child Support Income Executions

When a couple enter a divorce proceeding, there are countless complex issues to think about. Aside from things like equitable distribution and debt management, the parties will also need to consider issues like child support for the custodial parent, and spousal support or maintenance for the less-monied individual. Spousal or child support can be delivered to ensure that the end of a marriage won’t stop one of the parties involved, or their children from living a healthy and happy lifestyle. As a divorce attorney, Mr. Darren M. Shapiro is on-hand for residents of Long Island and New York to help them either fight for their right to support in litigation or agree on support circumstances through settlement negotiations between lawyers or mediation and collaborative law.

In any divorce case, the New York Court will eventually make a determination for maintenance (alimony), spousal support, and/or child support, taking the circumstances of the couple in question into consideration. In some circumstances, child custody lawyers like Mr. Shapiro have worked with parties who are awarded both spousal support and child support. For some individuals, the court’s decision regarding how support should be awarded is very important, because it determines what their quality of life will be like at the end of a marriage. Of course, the determination also has a significant impact on the spouse that will be paying the support, as it means that they have another thing to budget for when they start their new life.

While the court will consider various pieces of information when making a decision about spousal or child support, the question for many couples who work with Mr. Shapiro and divorce lawyers like him, is what happens if some of the information the court was given wasn’t correct? Another common question is “What can be done if the court makes a decision about child or spousal support without addressing all of the relevant information available?” In these circumstances, New York family law allows for the adversely affected individual to bring the issue to the attention of the court, under the New York Civil Practice Law and Rules. Article 52, section 5241e determines that the wronged party can claim that the determination of the court was made according to a “mistake of fact”.

What is a Mistake of Fact in Family Law?

It’s the role of divorce attorneys like Mr. Shapiro to present all the information given to him by a party in a divorce case to the court in such a way that it serves the client’s best interests. However, even when all attorneys involved do their best to present the right information to the courts, errors might occur which lead to a “mistake of fact”. In legal terms, a mistake of fact is a situation defined as an “error” in the amount of arrears or current support that has been ordered for an individual in a divorce case. Most commonly, the mistake is related to the amount of the support the court chooses to give the payee spouse.

If a “wronged” individual wants to bring a “mistake of fact” to the attention of the New York Support Collection Unit with the help of their divorce attorney or child support lawyer, then they are required to file an objection within 15 days of the time when the income execution was served. Depending on the nature or “procedural posture” of the circumstances in question, the client will be required to file an objection within either a court that has jurisdiction over that case or the local court that’s close to them.

When a divorce party comes to the court with their objection and a “mistake of fact” statement prepared by a divorce attorney like Mr. Shapiro, they will also be allowed to provide supporting documents that help to prove that something has gone wrong. After the document has been filed, the agency that receives the objection, or the court in question will have a total of 45 days in which they can change their opinion on the order.

Dealing with Mistaken Support Income Executions

The complex nature of child and spousal support means that if the party involved in a divorce who believes that the order is wrong fails to provide an objection within the fifteen-day time, or the objection is overruled by the agency or authority responsible for looking at the document, the original order will simply come into play. When that order is effective, the only way a divorcing party can argue for a change to the spousal or child support they’ve been given is by proving a significant change in circumstances with the help of their divorce attorney.

If you’re located in New York or Long Island, and you believe that you’re dealing with a support order that’s affected by a “mistake of fact” make sure that you reach out to an experienced attorney like Mr. Darren M. Shapiro as quickly as possible to find out what you can do about your circumstances. Mr. Shapiro is equipped to act fast on the behalf of his clients and ensure their rights are protected. To schedule your free consultation, reach out today through our online form, or over the phone at (516) 333-6555.