Legal Question in Family Law in New York

Re: Child Support /Soc.Sec./Workmens Comp

I believe that Mr. Nitzberg's response to your post is off the mark.

The amount you must pay SCU does not change unless and until the exisitng order is modified. Whether or not you can petition for a downward modification based on a change in circumstances depends on information you have not provided. Amounts recovered from WC are to be considered in determining child support obligations. At the end of the day, to the extent that your lost income is recovered by WC, it's all a wash and you will simply pay on the old order, assuimg it was made while you were gainfully employed.

I need more specific information to properly advise you about your particular case. Feel free to call me at 212-367-9167. I do not charge a fee for the initial consultation.

Re: Child Support /Soc.Sec./Workmens Comp

This is a very difficult situation. Being disabled is very hard; SSD is not an easy way to live. I hope you are not in constant pain as well.

Yes, these things do have an impact on your duty to pay support. You have a 'change of circumstances'. You can address this issue by writing to the court and asking for a re-opening or reconsideration of your obligation. In addition, I recommend very strongly that you speak with an attorney about the relationship between SSD and WC. This is a present problem that will be a bigger problem for you in the future.

Good luck. If your pain is not too incapacitating, re-training is much better than living on SSD. For your benfit.