Legal Question in Family Law in New York

Re: Arrears?/Domestic Partnership/Incarceration/Rights?

Incarceration is not considered by the court as an excuse for non-payment of child support; rather, it is considered a self-inflicted injury. The child support would still have to be paid.

Your friend would get a credit for all money order payments for which he has a receipt. If the custodial parent admits to the cash payments, then he would also receive credit for those, too.

Hope this helps.

Re: Arrears?/Domestic Partnership/Incarceration/Rights?

GENERALLY, ARREARS MUST BE PAID PURSUANT AN EXISTING CHILD SUPPORT COURT ORDER AND ARE NOT SUBJECT TO REDUCTION OR VACATUR, BECAUSE THE COURT IMPOSES THE BURDEN ON THE PAYOR PARENT TO SEEK MODIFICATION OR REDUCTION AT THE TIME THAT PARENT IS UNABLE TO PAY. HOWEVER, AN ARGUMENT COULD BE MADE THAT THE CHILD SUPPORT ORDER ENTERED WAS INVALID AT THE TIME ENTERED, NO INCOME, AT THAT TIME; OR THERE WAS FAILURE OF SERVICE; OR THERE WAS SOME INCAPACITY; THAT THE PAYOR WAS UNABLE TO PETITION THE COURT FOR DOWNWARD MODIFICATION, ETC..

ALTHOUGH, IT IS TRUE THAT INCARCERATION MAY BE DEEMED BY THE COURT AS SELF INFLICTED AND THEREFORE NOT A GOOD CAUSE FOR FAILURE TO PAY; THE LAW IS INCONSISTENT & IRRATIONAL, WHICH CAN BE ARGUED, BECAUSE IN THIS INSTANCE, THERE PRESUMABLY WAS A LACK OF INCOME AND THE INABLITY TO FILE A PETITION FOR MODIFICATION DUE THE INCARCERATION.