Legal Question in Family Law in New York
Child support
Question one: I am a non-custodial parent paying child support and arrears to my son in New York. I recently submitted a modification motion of support in the court because I have two other children. I have an 8 year old daughter who live in Georgia and a 1 year old that I am raising by myself in Maryland. The mother of my oldest daughter and I have an agreement concerning support of my daughter, which I pay $100 dollars bi-weekly. For my son support and arrears is $216 dollars bi-weekly.I only gross $700 dollars bi-weekly before tax deductions. In my motion for support modification do the court have to consider my other two children?
Question two: I was incarcerated for 2 1/2 years on a false complaint filed by my son's mother. After 2 1/2 years I was acquitted of the false charges. During my 2 1/2 years being incarcerated I had accumalated arrears for 2 1/2 years. Am I still obiligated to pay those arrears that accumalated while I was incarcerated? Is there any case law on a situation where a custodial parent put a non-custodial parent in jail on false complaints and the non-custodial parent was found innocent or acquitted of those charges making the non-custodial parent legally not responsible to pay arrears while in jail
1 Answer from Attorneys
Re: Child support
No, the Court is not required to consider afterborn children, or children not before the court.
However, the court may consider child support obligations actually due and payable to other children and reduce accordingly. But, usually the other children support must be reduced to a child support judgment first.
Alternatively, certified government Proofs may be offered to prove paternity of the other children and cancelled checks of actual payments made pursuant a stipulation recognizing your other obligations,that reduce the money available to you, for support to the subject child.
The Court may be able to reduce or vacate arrears, in "the interest of justice," if your failure to pay was caused in substanial part by misdeeds of the payee parent.
Please note, "may" or "can" does NOT mean "shall" "will" or "is required."
You should have a lawyer, ASAP.
Good luck,
Phroska L. McAlister,ESQ
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