Legal Question in Family Law in New York

Child Support

I have been summoned to court for

failure to pay child support, last year

I made $10,816 and did pay $2401,

I was originally ordered to pay $816

a month which as you can see I can

not afford. I am terrified of court for

a multitude of reasons and I do not

want to go to jail. I am trying to

have the amount changed and

adjusted so that I can pay ( the

amount that was set was based on

what I made prior not what I was

making). Will I go to jail for this? Or

will the judge look at what I made

and see that it is impossible for me

to pay the amount set?


Asked on 5/13/08, 11:21 am

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Child Support

I think that you need a lawyer before you go to court.

There is a bottom level where you do no pay child support. This is called the child support reserve level.

Based on the 2007 level you are not responsible for child support.

However, the court may imply income to you to bring you past that level. That is why a lawyer is necessary to protect your rights.

Furthermore, it depends upon when your income level dropped so that they can say that you wilfully failed to pay child support and can hold you in contempt with the resultant consequences.

If you would like to retain this office to represent you, please feel free to contact me.

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Answered on 5/13/08, 2:57 pm


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