Legal Question in Family Law in New York

Paying too much child support & I can't see my son

I have a 3 year-old son with my ex-girlfriend. The judge

unreasonably ordered me to pay about $760/mo. for child

support in June 1999 and I had been paying that amount

until fall 2001. During this time my salary was $341/w.

and child support deduction was $189/w.I got laid off in

summer of 2001 and $189 was taken out from my unemployment

check every week. After my unemployment ran out (in fall

2001) I haven't paid them at all. I have been trying to

modify my payment becuase it is more than 50% of my income

and I've been trying to get my ex to court, however, she's

never showed up. My questions are:

Q: Is she going to be arrested eventually if she never

shows up?

Q: Will the amount of child support be reduced BY LAW

because she has been refusing to show up at the court?

* The judge treated me as ''dead-beat dad'' when my ex

accused me as such - which is absolutely untruthful.

On top of all this, My ex won't let me see my son. She

refuses to let me see my son.

I've been miserable and discouraged so long. I wish someone

coudl help...


Asked on 4/27/02, 5:16 am

2 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Paying too much child support & I can't see my son

Child Support issues are heard by a Hearing Examiner in the Family Court. Visitation issues are heard by a Judge.

Under the law, visitation and child support are separate issues.

Suggest you consult with an experienced matrimonial attorney and file a petition for visitation in the family court.

If you wish to discuss this with me privately, please call to schedule a consultation. (516) 741-7799. My office is in Mineola.

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Answered on 4/27/02, 6:03 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Paying too much child support & I can't see my son

I know you are strapped for cash, but you need to get an attorney. Child support is nothing to mess around with in New York State, as non-payment can land you in jail. Try to find someone who will take on your case at a reduced rate, but you need someone who is familiar with all the ins and outs of child support. The sooner the better because if you are not paying the court ordered amount, you are accruing arrears, and arrears cannot be wiped out.

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Answered on 4/29/02, 2:44 pm


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