By Gilmer Law Firm, PLLC – Brooklyn, NY Family Court Attorneys
Missing a court date in Family Court can feel like the end of the world. Parents often learn too late that they’ve lost custody, visitation, or even had a child support order entered against them—all because they did not appear for a scheduled hearing. These rulings, known as default orders, can strip away your rights without ever giving you a chance to present your side of the story.
At Gilmer Law Firm PLLC, we have helped countless parents fight back by filing motions to vacate default judgments. With the guidance of an experienced Brooklyn family law attorney, it’s possible to restore your rights and ensure your case is heard on the merits.
What Is a Default Order in Family Court?
A default order is issued when one party fails to appear in court after being served with notice of the hearing. In Family Court, the consequences are serious:
- Loss of custody or guardianship.
- Suspension or restriction of visitation.
- A child support order entered using imputed income, often at the maximum amount.
- Even the termination of parental rights.
The law does provide relief. Under CPLR § 5015(a)(1), parents have one year from the date the order is entered to request that it be vacated. Courts prefer to decide custody and visitation cases on their merits, but you must take action quickly and correctly to succeed.
Vacating a Child Support Default Order
In support cases, failing to appear often means the court issues an order based on whatever income information it has. If no documents are available, judges frequently use imputed income, assuming you earn more than you actually do. This can result in:
- Inflated support obligations.
- Accrued arrears that quickly spiral out of control.
- Wage garnishment, tax refund intercepts, and even driver’s license suspension.
Vacating these orders requires two things: a reasonable excuse (such as illness, improper service, or miscommunication) and a meritorious defense (such as proof of actual income or evidence of a job loss). With the help of a knowledgeable New York family law attorney, parents can provide pay stubs, tax returns, and affidavits that show the original order was unfairly calculated.
How to Vacate a Default Judgment in Family Court
Vacating a default is a formal process, and every step must be followed carefully. Here’s how it works:
- Get the Court File – Request your file from the clerk’s office. Review the affidavit of service to confirm how you were served.
- Obtain an Order to Show Cause (OSC) – This form, once signed by a judge, compels the other party to appear and explain why the default should remain in place.
- Write an Affidavit in Support of the OSC – Detail why you missed court and outline your defenses. Common reasons include excusable neglect (illness, emergency, misplaced papers) or lack of personal jurisdiction due to improper service. You must also describe your valid defenses, such as incorrect income calculations or evidence of parental involvement.
- File the OSC and Affidavit – Submit the documents to the clerk for judicial review.
- Serve the Other Party – Ensure the OSC is properly served according to court rules.
- Attend the Court Date – On the scheduled date, be prepared to argue why the default should be vacated.
A judge will weigh your excuse and your defenses to decide whether you deserve another chance.
Hypothetical Case Examples
Support Default –
John v. DSS
John moved without updating his address. A default child support order set his obligation at $900/month, assuming he earned $60,000. In reality, he earned $26,000. Within three months, he contacted an attorney. They filed an OSC with proof of his actual income and the address issue. The court vacated the order and recalculated support, preventing wage garnishment.
Custody Default –
Melissa v. Anthony
Anthony missed a custody hearing due to a medical emergency. By default, Melissa received sole custody. A New York Family Law attorney filed medical documentation and school records proving Anthony’s involvement. The judge vacated the order and scheduled a custody trial, restoring Anthony’s rights.
Visitation Default –
Tamika v. Jordan
Jordan went to the wrong courthouse and missed his hearing. The court restricted his parenting time. A Brooklyn Family Law attorney filed an OSC with proof he tried to appear and included visitation logs. The judge vacated the order and reinstated his prior schedule.
Why Local Representation Matters
Family Court in Brooklyn has unique rules, judges, and procedures. A Brooklyn family law attorney knows how to prepare documents, anticipate what judges expect, and present arguments effectively. Local experience can be the difference between a denied motion and a second chance.
Meanwhile, for families across the five boroughs, hiring a New York family law attorney ensures representation that adapts to the specific court where your case is filed—whether it’s in Queens, Manhattan, the Bronx, or Staten Island. Having statewide experience gives clients peace of mind that their lawyer understands both local practices and broader New York law.
Requirements for Vacating Any Default
To successfully vacate a default in custody, visitation, support, or termination proceedings, you must show three things:
- Reasonable Excuse – A valid explanation for missing your court date.
- Meritorious Defense – Evidence supporting your side of the case.
- Timeliness – Filing within one year of the order’s entry.
New York courts favor resolving family law matters based on the child’s best interests rather than technicalities, which means judges are often willing to grant these motions when the right arguments are made.
Why Choose Gilmer Law Firm PLLC
Vacating a default is not just about filling out forms—it’s about presenting a persuasive argument backed by evidence. At Gilmer Law Firm PLLC, we understand the importance of moving quickly and effectively when defaults threaten your rights.
- As a Brooklyn family law attorney, George M. Gilmer, Esq. has firsthand experience with Brooklyn Family Court judges and procedures.
- As a New York family law attorney, our firm serves clients across all five boroughs with tailored strategies and compassionate advocacy.
We provide guidance on every step of the process, from drafting affidavits to arguing your case in front of the judge.
Don’t Wait – Time Is Limited
Remember, under CPLR § 5015, you have just one year to file. Waiting too long could mean losing custody, visitation, or financial stability permanently. Acting quickly—and with professional help—gives you the best chance to restore your rights.
Contact Gilmer Law Firm PLLC Today
If you’ve received a default order in Family Court, don’t panic and don’t delay. Contact Gilmer Law Firm PLLC at 718-864-2011 or visit us at 15 MetroTech Center in Brooklyn. We have years of experience vacating defaults and protecting families in both custody and support cases.
With the right representation, you can regain your rights and move forward with confidence—supported by a trusted Brooklyn family law attorney who is dedicated to fighting for you.
