Legal Question in Family Law in New York

Possible penalty on arrears settlement

NY State: My divorce decree states that my obligation to pay support ceases upon emancipation. One condition of emancipation (written in the decree) is my daughter permanently leaving the mother's residence.

This became an area of contention. My ex recently petitioned me into family court and we were able to reach an agreement before the hearing: I would pay $5000 at $375 a month.

But a friend (Who does this for a living) has warned me I could be penalized 150% interest on the original child support agreement (the divorce decree) in addition to the recent judgement/settlement amount. It would bring my payment to almost $1000 a month.

Have you ever heard of anything like this?


Asked on 6/22/09, 5:00 pm

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

Re: Possible penalty on arrears settlement

Even if you did not ever pay on your child support, the court does not have the authority to levey a penalty as your friend states. What will happen is that you will be assessed arrears for any unpaid child support and an interest rate of 9% will be attached. Then an amount will be assessed toward arrears over your child support obligation. In most cases, the court will go along with any stipulation between the parties to fix arrears and to set a payment amount. You should not go to court on your own. You should consult a local family law attorney for a personal consultation to determine your rights and the full issues on your case.

If you wish to discuss this matter further you can contact my office at 516.746.4747 or [email protected].

Joel R. Salinger, Esq.

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Answered on 6/22/09, 6:02 pm


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