Legal Question in Family Law in New York

Can Child Support Arrearages Be Requested For Grown Children?

I divorced my ex-husband in 1972 and was granted full custody of our three children. He paid a total of $150 over the next 20 years in child support, leaving New York State to avoid payments. He chose to visit his children twice in 20 years, although he had permission to do so. He had been court-ordered to pay $60 per week; $240 per month. That order was never rescinded or changed, so I suppose it still stands? He worked ''off the books'' to avoid payments. I sought the services of attorneys to try to get him to pay over the years but was told ''You can't get blood from a stone.'' My family fell in a crack between old child custody laws that did not even allow state reciprocity and new, tougher custody laws that were put on the books too late to help us. I want to know if I can sue civilly or get assistance from the state to pursue criminal charges at this point in time. My children are now grown, but they lacked a lot in their childhoods and could still definitely use the money that their father owes them. My children and I live in Florida; he lives in New York State.


Asked on 10/28/05, 8:43 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Can Child Support Arrearages Be Requested For Grown Children?

You can pursue obtaining a judgment for the amount of unpaid child support and then seek enforcement of the judgment in the state where your EX lives. Of course if your EX has no assets or income in his name it will be extremely difficult to collect on the judgment.

However, if there are child support payments due (ie., not just arrears), you can seek enforcement OR request that your EX be held in contempt of Court for failing to pay child support and have him jailed until he comes up with some money.

The court may "impute" income based upon his lifestyle to form a basis of what his income he has, which he must use to pay support.

Good luck,

Phroska L. McAlister, ESQ

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Answered on 10/31/05, 9:03 pm


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