Legal Question in Family Law in New York

back child support paments

if a person makes 5.11per hour and the courts set a child support pament of 468.00 per mo. is this leagle? In 1993 I was sentance to 10 years in prison got out in 2000 the court in Ontario co. NY seem to think I owe them sum of 47,000 back arres and have suspened my drivers license till I pay this full amount. I lost my job and can not get another one in till the license is reinstated I do refrigeration a/c and heating and have to drive a company van ther is no company will hire me this way. This is a two part Q. is the 468.00 mo. leagle and is it leagle for a county entity to distroy a person financhaly by the supention of a drivers license?


Asked on 4/03/07, 9:10 am

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: back child support paments

THe courts make a determination of support based on the income of both parties. If the court was provided with copies of your paystubs, tax returns and/or a financial disclosure affidavit then they made the determination based on the income you provided to them. If you went to prison after this order was issued then the arrears accumulated as a result of that, the obligation to pay doesn't stop because you are in prison. It is your obligation to file a petition for downward modification to reduce the amount of support based on a change in circumstances. One of the legal sanctions for outstanding arrears is the suspension of driving priveleges, the courts generally will issue an order that allows SCU to suspend your license just because you have an outstanding balance of support. You make an application to have your driving priveleges reinstated, but the courts will want to see you make a good faith effort to pay some of the arrears before they would even consider it. ANd even then there is no guarantee.

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Answered on 4/03/07, 12:23 pm


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