Brooklyn, NY asked in Family Law and Public Benefits for New York

Q: How can I get relief from arrears if all children are in my custody?

Single mom was on public assistance when put on child support not knowing until Court papers came in mail. Now has children back and has 3 other kids to raise. Just got a job may 2015 as a waitress making under minimum wage. Got a termination of order Aug 2015 but was Informed she has to pay $400+ every 2 weeks out paycheck. Which is all her pay. Please help

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2 Lawyer Answers

A: You need to have a full discussion with a local family attorney. What you need is specifically tailored legal advice, and you cannot get that for free on the internet.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Brooklyn, NY
  • Licensed in New York

A: You cannot get relief from arrears unless the child support recipient consents to waive arrears. Essentially, the court was forced to abdicate its authority in imposing and then vacating arrears in child support (the Bradley Amendment). This empowers the mother to decide whether she will keep or give away her arrears. This causes the problem you now face of having to support all your kids and at the same time having to disgorge money to the mother and face all of the ridiculous collection procedures to include loss of licenses, garnishments of bank accounts, loss of passport, attachment of your property to include your automobile and all the theory stuff.

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