Legal Question in Family Law in New York

Child Support and Workers Compensation

I am out of work since July 2002 on Workers Comp and my employer has been paying my regular wages. This will stop soon. My pay on workers comp will be 1/3rd of my current take home. I have 1 child from the previous marriage and 2 in my current. Can my child support payments to my ex wife -- be reduced or suspended while I'm out on compensation? Do I have to go through family court or would a written agreement between us be sufficient?


Asked on 12/18/02, 9:44 am

1 Answer from Attorneys

Re: Child Support and Workers Compensation

You'd have to file a Petition for Downward Modification with Family Court and they'll issue a new Order after hearing the facts. However, if you and the other party reach an agreement, you may show that to the Court and most likely they will accept it and issue a new Order.

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Answered on 12/18/02, 10:56 am


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