Brooklyn, NY asked in Family Law and Child Support for New York

Q: Is it possible to have my ex pay my legal fee's in child support case; for violation of order?

There was a support order issued in 2012/2013 for 50.00 per week. To date, the arrears exceed six thousand dollars.

I am aware that he has been employed in various occupations and capacities over the years, but has managed to either work off the records, or withdraw from employment before wage garnishment occurs.

There has been no additional monetary support or contribution to me in regards to my daughter.

My expenses in regards to my child have Increased drastically since the original support order was issued, including child care fees, summer camp fees, and after school fees, as well as daily expenses for necessities.

He is currently employed(he admitted via text), and has had another child in the last year whom he resides with and supports.

I did not have an attorney when the case was initially opened. I believe it is in my best interest to retain an attorney, but don't think it's fair that I incur legal fees. Can he be responsible?

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1 Lawyer Answer

Lawrence Allen Weinreich

Answered
  • Garden City, NY
  • Licensed in New York

A: The court can award fees if he is found to have violated the support order (but that is after the case is over). At the same time, you can request an upward modification based upon what is going on at this time and increased expenses.

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