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

Q: Can they send me to jail for non-payment of child support while waiting for the decision on modification?

I filed for modification in June and have no income to pay the support. I have paid as much as I can and have fallen behind. I'm afraid they will take my license or send me to jail. I am behind 3 payments this week. They told me it can take up to 60 days for a decision and will go back to my filing date of june 7th. I can't afford to pay. I need to know if they'll send me to jail or take my driver's license with the modification pwnding.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: Before you can be sent to jail, there must be a violation petition filed and a decision that you willfully failed to pay the support. Based upon what you have written, you cannot be sent to jail. Your license can be suspended but that depends on just how much you owe for how long.

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