Legal Question in Family Law in New York
Support discrepancy within divorce settlement
My fiance has paid all but approximately $16K in child support to his ex-wife, which is to be paid to their child (now 23years old) as per their divorce settlement a year ago. However, NY State claims he is in arrears for approximately $60K which means his ex-wife has been collecting from the state and not claiming his payments to her. In addition, his lawyer, retained for a flat fee, has said the case is ''too complicated'' and that she would no longer handle it, although she was informed of the entire situation in advance of accepting the full fee. What should he do overall? Continue to make payments to his child per the divorce agreement, even though this is probably erroneous? Also, is their any recourse with his former attorney, who was retained to complete the divorce settlement and bring his support account current, only half of which she did? Of course, it's also difficult financially, since his driver's license has been suspended by the family court, which makes getting a regular job difficult.
2 Answers from Attorneys
Re: Support discrepancy within divorce settlement
This is indeed complicated matter, but a lawyer can handle it for you. You should seek professional help right away. Your previous attorney probably is not capable of correcting the matter. Hire another lawyer.
Re: Support discrepancy within divorce settlement
If the state is incorrect, you need to go to court immediately to correct your account. I suggest you do this right away with a new attorney. Do you really want to force your old lawyer to do this for you grudgingly? You can always make a case against the old lawyer later, but to try to force him/her to handle this will take too much time, and may not get you the best result. Get it done now with a new lawyer and worry about what to do with the old lawyer later.
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