Can a Judge make decision without seeing both parties in matter of modification of child support and alimony and arrears?

Q:  My husband filed for the modification of child support and alimony and arrears. 

His ex wife agreed to erased the arrears and lowering alimony and child support basing on his income and both of them agreed and agreement was reached.
To get the agreement correctly done. We went to court and filed the modification paper.
My husband sent out paperworks a month ago and waiting to get the court date. The other party never sent any paperwork regarding the agreement. His ex wife is just waiting on for the court date to tell a Judge that she agrees to whatever was written down on modification paper.
My husband called to see how come he is not getting a date yet and said paperwork will be sent out soon 5 days ago.
Today, he called again and the lady said "Judge is making decision without seeing both

Additional information
Parties. 

I never heard of a Judge not seeing both parties regarding modification process. Help me understand it. I could not understand this at all. 

What if judge refused to see both parties and go against their agreement? Then what? 
I am just very concerned. Maybe i am worrying about it for no reason but we don't want to waste our time going back and forth to the court. 
Case is in Nassau County Matrimonial Court. I mean... We paid $45 for that paperworks to be done. 

I already said "Modification". It was MOTION.

A:  David's Answer:  He probably would've been better off filing in Family Court - especially if he's representing himself. Yes, Supreme Court may make a "summary decision," meaning that the Judge may grant - or deny - relief based on the papers alone (without a hearing). As such, if he did not include a valid written agreement executed by the mother agreeing to modify the support, hopefully he attached proper exhibits to his motion demonstrating a basis for the modification. He's best advised to (at the least) consult a Child Support lawyer in is area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my child's father files for paternity can I file for child support before the court date ?

Q:  My childs father filed for paternity and idk where he's going to go next with it can i file for child support and custody before the court date? he has been to jail before and I also want to get supervised visits is any of that possible ?


A:  David's Answer:  Yes, you can - and should - file a petition for custody. Technically, he would need to file a separate petition for visitation. As for whether he'll get supervised visitation depends in part on his track record of visits thus as well as what he was jailed for, along with several other factors. Speak to a Child Custody lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my son was to give up his parental rights is he still obligated to pay child support?

Q:  The mother will not allow my son to see his daughter on less he sees her too!


A:  David's Answer:  There is not such thing under NY law as "giving up parental rights" unless they are terminated stemming from a child welfare case or there's an adoption pending (or imminent). If he's having trouble visiting his child, he should file a petition for a visitation order. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Hi my daugther is going to be 20 this month and she not in college and she has a little job and her mom remarried

Q:  how can i get the child support terminated I dont mine helping but its just too much be taken


A:  David's Answer:  You can generally only terminate child support if the child is completely self-supporting. As such, her job would need to be a full-time job paying at least minimum wage. Speak to a child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My x is not paying his co-pay to me what can I do. Also, i started taking my daughter to colleges and sent him a bill on half.

Q:  It states I pay for the co-pays first and he needs to pay me back and he owes me over 400 dollars. then for college we went to visit one and I sent him the bill on that and he has not paid me on that either.


A:  David's Answer:  Send an itemized letter via certified mail, return receipt along with the bills he owes (so you can prove he received them. If he fails to pay, then file a violation petition. If you original order did not include his share of college, then you'll need to file a modification petition to ask that he pay those expenses. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child support/back pay

Q:  i have a dept of back pay just back pay owed to child support and got back with the mother i am taking care of my kids but they are taking to much money out of my check every week and i cant support my family because of it what paper work do i file or steps do i take to get that amount taken reduced


A:  David's Answer:  I'm not sure I understand your question, but assuming you're asking about how to reduce arrears owed to DSS, you cannot. The only thing you can do is attempt to work out a different payment plan with SCU. You'll need to go to their office at 110 E. 1st St., Mt. Vernon. Schedule a consult with a Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Mother wants to claim child for the second year in a row?

Q:  Our child is been the breaking point between us. We don't get along , we fight constantly on irrelevant topics and we tend to only get along When it benefits her. Her up coming tricks is to claim our child a 2nd time. We both have joint physical legal custody w/o placement until she is of age to attend school. Before the court order we had been separated with joint custody after the court agreement we had the above. Before the courts intervened she changed her medical insurance without my consent. After that she still has her insurance set as the same one. She does not notify my of appointments or bills and both of us gross the same. We both have her about 50 / 50 and she says she is claiming her and I have no right. My counsel says go for it. And she agreed in court but verbally? Thanks!


A:  David's Answer:  I'm not sure what your counsel is recommending you do, but I'd recommend to file a modification of the prior (assumed) child support order to get the Magistrate to grant you the alternate years deduction. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)