Legal Question in Family Law in New York

My ex-wife is currently in CA and our divorce/child support is set up through CA. My ex-wife is moving to NY where I reside and I need to straighten out some major child support issues such as payments made that are not on record (I have copies of) and time that my daughter spent with me (6 continous months she moved with me and went to school). Now I owe over $7,500 and they are taking $450 a month plus some for back support and I can't make the bills. I only make $11.25 an hour. What can I do? Can I handle this in NY as soon as she moves here?


Asked on 11/12/09, 4:36 pm

1 Answer from Attorneys
Jacqueline Harounian Wisselman Harounian & Associates PC

You can file a petition in Family Court even before she comes to New York, although it will be easier to have her in New York for the proceeding. You need to file a petition to vacate arrears based upon the reasons you cited. You must have actual proof of payments. Your divorce agreement may support your claim of non duty to pay support while your daughter lived with you, but there is no guarantee that the Court will wipe out the arrears for that period (you should have gone to court to notify that there was a change of custody). Good luck. Don't delay going to court.

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Answered on 11/23/09, 11:23 pm


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