Legal Question in Family Law in New York
judgement for child support arrears
My husband has just had a judgement brought against him for child support arrears. He lost his job and has not been able to find work. His unemployment has run out. The court would not give him a downward modification, as one was already awarded when he began collecting unemployment.
The judgement is enforced through the NYS dept. of taxation and finance. How does this affect me as his wife? Are they entitled to any property or money in my name? We are paying what we can, but cannot afford the entire amount.
1 Answer from Attorneys
Re: judgement for child support arrears
You are not obligated to pay child support or arrears for any child that is not your own,absent your consent. But, as you are aware, you can be directly and indirectly charged and penalized for any debts or liabilities your spouse acquires, in a variety of ways.
Child Support arrears may be collected from any tax refunds "jointly" payable to you and your spouse; and from any asset or income jointly owned or payable to you and your spouse.
You should consult with your accountant especially re tax return filing options.
Why didn't your spouse appeal the modification denial "due just having one?" Child support is supposed to be based upon actual income and ability to pay not upon illusionary income or assets belonging to another.
GOOD LUCK,
Phroska L. McAlister,ESQ
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