Legal Question in Family Law in New York
Contempt of court
My friend owes a great deal of child
support due to the fact it was set at
way more than she made ( they
went by what she made prior), her
ex is taking her to court to have her
punished for not paying. Last year
she made $10,816 and paid him
$2401, the set amount is $816.00 a
month. She is terrified that she will
go to jail and so worried she can't
see straight. Will they send her to
jail for this? Even though she made
way below the poverty level and still
he was given some money. Please
help.
2 Answers from Attorneys
Re: Contempt of court
I agree with the answer of the preceeding attorney.
The court has an option to incarcerate, give a money judgment, or order her to pay over a period of time.
If you would like to retain this office, please give me a call.
Also, go immediately to the court and file a petition to modify the child support. On the day the petition is filed, the court can modify the child support payments. If you don't file, the arrears continue to accumulate.
Re: Contempt of court
WHENEVER there is a change of circumstances, this should always be addressed to the court... if she was making more money before, and then lost some income she should IMMEDIATELY contact the COurt for an adustment as to the payments she should make.
With such a low level of income, is she on public assistance, or working? If she is on public assistance... or has gone on public assistance since the court order she should ABSOLUTELY get back into COurt to adjust that order... otherwise the debt that she has accumulated is generally hers to pay, and if there has been a change in circumstances and there is nothing filed with the court regarding it, there will be no relief as to the debt.
in some cases, judges have been known to incarcerate parents who owe major amounts of child support... given the circumstances this is possibiliy, but i would say a slim possibility at that...
she should consider looking for an attorney or contact a legal services agency in the area where you live...
MUCH LUCK!
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