Legal Question in Family Law in Pennsylvania

child support arrears(NY)

afternoon,

my friend was summoned to appear in court Monday(4/02). The notice was to deal w/ his lack of child support payments. Upon arriving he was arested and has been in the Manhattan Detention House since The family was told that his bail was set at $10'000(or do 6 months time) only for us to scrounge together & come up w/the funds only to be told that the $10'000 would be semi payment for his back child support. In addition, he may possibly be re-arrested after his court appearance. The matter of paternity was always questioned by him..to no avail. The young man is now 15 and from 8yrs+has been living in Arkansas. What recourse does he have in not being arrested again? He is employed(freelance-senior loan originator) but quite frankly really has not made any real money yet. This field is commission only and he's made none thus far. What can we do to get & keep him out of jail? As of 4/4/07 he is still in the Detention Center after we put the $10'000 together.


Asked on 4/04/07, 1:34 pm

2 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: child support arrears(NY)

Hi:

I am sorry for your situation, however, notwithstanding the circumstances, failure to pay child support is a serious offense. From what little you have told me your friend failed to deal with this situation for a long time.

You should speak with counsel who can contact the local authorities and find out what needs to be done, what orders are on the record, etc.

Good Luck

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Answered on 4/04/07, 1:47 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: child support arrears(NY)

If there is an order of support that was entered on default (he was not present when the court decided the amount) then he may have the matter re-opened for his opportunity to defend. If however he was present and did not file objections within 30 days of the court entering the order then he can only change the amount by fiing a Petition for Downward Modification. However, there must be a change in circumstances for the court to change the amount and they must be convinced that the income used to make the original award is not nor cannot be made now. You can contact my website for a free consultation www.traceyabloodsaw.com

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Answered on 4/04/07, 6:05 pm


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