Legal Question in Family Law in New York
Incarcerated While Support Case is filed and Settled
While I was incarcerated, my wife put my son on welfare. Social services filed a child support order and won in court. The whole time I was in jail and never knew about any of this. Now that I am out of jail, I received a court date for a judgement stating that there is $25000.00 back money. Is there any way that I can fight this, or have the amount changed due to my situation?
1 Answer from Attorneys
Re: Incarcerated While Support Case is filed and Settled
You do not mention why you were in jail. Being a convicted felon does not excuse you from supporting your children. Your wife did not put your son on welfare; you did by failing to suppport him.
Even if there were an existing child support order, your being in jail would not excuse you from non-payment. Courts regard being incarcerated as a self-inflicted injury.
The bottom line is if you want to have children, don't complain about having to support them.
Unless you come into a lot of money, you will be permitted to pay out the arrears.
www.BravermanLawFirm.com
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