There was a recent case in Suffolk County Family Court whereby a modification of child support was granted after Petitioner had a leg amputated. When I first saw this case, I thought to myself “Oh, is this what it takes to be able to reduce a child support order.” In the Matter of Support Proceeding Ernest Brown, F16715-12 23J February 2.

It is very difficult to proceed and be successful in a downward modification petition on child support. There needs to be a significant change in circumstance and a reduction in income that is no fault of the person who is paying the child support. Many times, the court looks to see if the person is on Social Security disability and is partially or fully disabled.

There also has to be a reason that the person can no longer earn the income that they earned at the time that the child support award was granted. We at the DePalo Law Firm are very well versed in support matters and if you have a question about either modifying a child support Order from a divorce or family court Order either up or down, please contact us so that we can discuss it with you and let you know what your chances are and how best to proceed and prepare.

In a recent case on adverse possession in Supreme Court, Justice Ronald Castorina, Jr. took a hard stance on this case. In a case of adverse possession where someone was requesting land be titled to them because of the amount of time that they had possession of the property. It appeared that the person claiming that they had a right to the property did not claim that they had a reasonable basis to believe that the premises belonged to them.

Because the plaintiff failed to address this in their Complaint when they filed and started the action, the court dismissed it. The Plaintiff asked to amend their Complaint so that they could then fix the Complaint and allege what was required to be alleged but the court said it would prejudice the Defendant and dismissed the case in its entirety. Henry v. Kahn, 151995/2023 February 6. The lesson in this case is get it right the first time; and have the right lawyer represent you