Legal Question in Family Law in New York
Warrant of Arrest due to relocation
Went to Florida for 3 weeks to seek medical help for handicapped son (my wife and myselfs) While there, worked to maintain my support payments for my ex and our children. Came back and resumed my job and continuity of payments and find out she had a warrant for my arrest, assuming she thought I moved to Florida, and must go to court tomorrow. When we returned to NY, I notified the support collection of a new address and assumed everything is fine. Should I expect jail time for this or should it be dismissed?? Do I have rights against her for falsely putting a warrant out for unjustified charges??
2 Answers from Attorneys
Re: Warrant of Arrest due to relocation
You had an affirmative obligation to suspend or otherwise Petition the Court to modify your child support payments, before the support payments lapsed into arrears.
The case will not be dismissed. You will be charged with payment of the arrears and expected to pay.
You explanation for non payment should help you avoid jail time.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Warrant of Arrest due to relocation
Clearly, you and your ex are not on good terms. This is the root of your current problem.
You should have no trouble with the court or the warrant since you indicate that you 'worked to continue support payments'.
Regarding jail time, etc - you have little to worry about. It just needs to be straightened out.
About action against your ex, the courts have seen worse. She will escape this time. That assumes this is the first time she has behaved like this!
Good luck, and try to open some communication with your ex. It is hard and unpleasant, but you are linked together for several more years.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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