Legal Question in Family Law in New York

I need information on the following about child support:

I am returning to work at the end of the month from short term disability. At that time they will be laying me off as of August 27th. Considering the job market I am looking to start my own business. I have been pre approved for a business loan but the one factor out there is the child support. My son is 18. I do not have any accurate projections of income while I get the business off the ground. I also can not afford to pay the current weekly amount while trying to get things started. How does the courts figure this with starting a business since I will be showing loss for at least a year?


Asked on 7/07/10, 8:57 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

You do not get the option of having a grace period to start a business. You are required to pay child support and at or close to the amount that you either agreed to pay or the court ordered you to pay. That being said there are several things you should be doing.

First, file a petition for a downward modification of your support obligation. Base this on the loss of the job and the prospect for replacing this income.

Second, start looking for a new job. Even though you might not want to take the position, you must show you are seriously and diligently looking for work. Try to do this before you start the court action.

Last, start your business and get it off the ground as fast as you can but don't stop trying to get a job and you should try to work while you are trying to get the business off of the ground.

Good luck.

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Answered on 7/07/10, 8:20 pm


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