Legal Question in Family Law in New York
child support modification
When i got sepeated then divorced I had a decent business. I got into a motorcycle accident and was in the hospital for a few months. Since I came out I havent fully recovered. My child support was set based on the year before my accident and was very high. I have 2 girls now 6/9. I closed my business after realizing I cant go on any longer. I am so far into debt and fell behind 6 months in CS payments. I was given a spreadsheet from my ex saying that I owed over and beyond my payments each month dating back to 2003 that totals to 16,000. Now I make far less than my best year when I was in business and Im ordered to pay the amount originally given. I was told that when I was out of work I should of let family court know and now making less I should have it revisited. Am I liable for activities that I wasnt aware of? Isnt that what child support for?I would help as much as I can but paying what I have been I cant afford a movie with them. What should I do? I am short on money and I dont think a lawyer would take payments.
2 Answers from Attorneys
Re: child support modification
You should, of course, let the court know your situation. Unfortunatley, there are many payors of child support who do not wish to make their required payments and go to great lengths to avoid doing so. This makes it difficult for people like you because courts are not very patient with this sort of thing.
I think that it would be helpful if you had a lawyer acting as your advocate--who could impress upon the court that your situation is real.
There are attorneys who will take payments. I know that I do.
Don't give up. Best of luck.
If you decide that you need an attorney, please feel free to contact me.
Re: child support modification
You should hire an attorney to file a petition to modify the child support order right away. If you file yourself, be sure to state as the basis for your claim that there has been a substantial and unanticipated change in circumstances. The Court may only reduce your obligations going forward; the arrears may be subject to an enforcement proceeeding, at which you will have the burden of showing that your failure to pay was not wilful. This is a serious matter with potentially harsh consequences; should meet with an attorney immediately to accurately assess your situation.
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