At the Gilmer Law Firm, PLLC, based in Brooklyn, New York, we often represent parents who have missed Family Court hearings and are shocked to learn that they’ve lost custody, visitation, or even had child support orders entered against them by default. Fortunately, under the law, there are ways to vacate default orders and restore your rights—if you act quickly.
What Is a Default Order in Family Court?
A default order is issued when a party fails to appear in court after proper notice. In Family Court, that can mean serious consequences, such as:
- Losing custody of your child
- Restricted or suspended visitation
- Termination of parental rights
- A child support order entered against you, often at the maximum guideline amount, based on imputed income
🕒 You must file to vacate the default within one year of the order being entered (CPLR § 5015(a)(1)).
Default in Child Support Proceeding
If you fail to appear at a child support hearing, the court may enter an order of support by default based on whatever income information it has—often using imputed income if there is no proof of your actual earnings. This could lead to:
- Overstated child support obligations
- Accrual of arrears
- Wage garnishment, license suspensions, and tax intercept
Vacating a child support default order requires:
- A reasonable excuse (e.g., not receiving notice, illness, miscommunication)
- A meritorious defense (e.g., incorrect income information, change in financial status)
Gilmer Law Firm, PLLC regularly files motions to vacate support defaults and helps parents provide accurate income documentation to avoid unjust arrears.
Hypothetical Case Example: Support Default
“John v. DSS” – Brooklyn Family Court
John missed a support hearing after relocating and not updating his address with the court. A default support order for $900/month was issued based on an assumption he earned $60,000/year.
He contacted Gilmer Law Firm within three months. We filed a motion to vacate the order, arguing lack of notice and attaching proof of his true income: $26,000/year. We also submitted proof of his job loss and a prior notice mix-up.
Outcome: The court vacated the default order, recalculated support, and stopped enforcement actions.
Requirements to Vacate Any Default Order
To succeed in vacating a default in custody, visitation, support, or termination cases, you must show:
- Reasonable Excuse for your absence
- Meritorious Defense to the petition
- Motion is filed within one year of the order’s entry (CPLR § 5015)
In custody and visitation cases, New York courts favor deciding matters on the merits rather than technicalities.
In custody proceedings courts have generally adopted a liberal policy in favor of vacating defaults.
Two More Hypothetical Case Examples
Custody Case Example – “Melissa v. Anthony”
Anthony missed a hearing due to a family medical emergency. By default, the court awarded sole custody to Melissa, cutting off his parenting time.
Gilmer Law Firm submitted medical documentation and school records showing Anthony’s involvement in his child’s life. We argued the best interests of the child had not been considered.
Result: The default order was vacated, and a custody trial was scheduled.
Visitation Case Example – “Tamika v. Jordan”
Tamika alleged Jordan missed parenting exchanges. Jordan failed to appear at the court date because he went to the wrong courthouse. The Court changed Jordan’s visitation schedule.
We filed a motion to vacate with a transit receipt and photos showing he was trying to appear. We also submitted a visitation log.
Result: The court vacated the default and restored his prior visitation rights pending a hearing.
Don’t Wait – Time Is Limited
New York law requires that you move to vacate a default order within one year of the date the order was entered. Waiting too long can result in permanent consequences.
Contact Gilmer Law Firm, PLLC Today
If you’ve received a default order in Family Court—whether for custody, visitation, child support, or termination of parental rights—time is critical. At Gilmer Law Firm, PLLC, we have years of experience vacating default orders in Brooklyn Family Court and fighting to protect our clients’ parental rights and financial interests.
