Legal Question in Family Law in New York
Child Support Unemployed and Diabetic
I am currently unemployed and have diabetes. I am currently in the arrears with my child support 3 weeks. I also owe back support which I have been paying faithfully until recently. My ex-wife calls me constantly 5-7 times a day threathening me to take me to court if I do not pay her. Please can someone tell me what are my rights and what can I do.
1 Answer from Attorneys
Re: Child Support Unemployed and Diabetic
You need to go to family court and file a petition for a downward modification of child support. Your grounds for modification is:
First, your health. You are going to have to document how your diabetes has made it difficult or impossible to stay employed. If you can not get the documentation on this point you are going to have a very hard time getting a modification, but,
Second, unemployment status. If you can demonstrate that your industry has changed or been effected by the current economic climate. That although you have (demonstrated by documentation) gone on numerous interviews or filled out numerous job applications, there are no jobs to be gotten and you must have a modification since you can not support yourself and pay child support.
If you have further questions, you can contact me at 516.746.4747 or at [email protected].
Joel R. Salinger, Esq.