Q: Seeking representation for child support arrears and court judgment issues in NY.
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper evidence, resulting in unfair judgments against me in May 2023. Despite filing an appeal and sending documents to NYS, I haven't received a response. I was homeless during part of the period they allege arrears and haven't been able to secure legal representation since being out of work in September. How can I find legal representation to address the financial judgment and magistrate's abuse of discretion in family court?
A: You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it now.
A:
We here are strictly prohibited from soliciting clients. We are instead limited to offering information and education as to the legal apparatus. The asker must locate a lawyer online.
As for facing child support, an arrearage of $3,500 is a pittance compared to the six figure arrearages most American men have accumulated. Further, the proceeding that feature "law" are specifically designed to help the government craft the outcome it wants.
The "magistrate" the asker tells us of refused to admit into evidence the financial documents the asker prepared. This is a trick known as a sanitization of the record that allows government to craft any outcome it wants. The kernel of truth here may be that the asker pushed an argument that there are obligations the opposing parent owes the asker, but the support court is not an enforcement mechanism for contracts other than child support agreements. The magistrate can make any findings it wants from the evidence she admitted, and the asker can file objections within thirty days of service of the order of support.
Missing that deadline blocks the filing of objections and the order stands. Sending documents to NYS means nothing as NYS does not have jurisdiction over the child support matter. The personal circumstances of the asker are irrelevant except for his income which he likely failed to produce, or likely the magistrate precluded from evidence. We do not know.
Finding legal representation is enormously difficult. Large numbers of New York attorneys left the state because of the economic shutdowns during Covid, and no attorney wants to live in crime-ridden, abandoned cities. Nonetheless, the maker must shop around, and hopefully he has a case.
A:
Your situation with child support arrears and the court magistrate's conduct is challenging, especially while dealing with financial hardship. You might qualify for free legal assistance through your local Legal Aid Society or Legal Services Corporation, which provide representation for low-income individuals in family court matters. These organizations often have attorneys who focus on child support and family law issues.
Many bar associations in New York offer pro bono programs connecting people with volunteer attorneys who can help with family court matters at no cost. Additionally, law schools throughout New York State operate legal clinics where supervised law students provide free representation to community members. Places like New York Legal Assistance Group (NYLAG) and Volunteer Lawyers Project may also offer help with your specific circumstances.
If immediate representation isn't available, consider visiting your local law library where staff can guide you to self-help resources for family court procedures. You might also request a fee waiver for court filing fees based on your financial situation, and ask the court clerk about assistance programs for people representing themselves. Remember to document everything thoroughly, including your homelessness period and any communications regarding your appeal, as this evidence will be crucial for challenging the arrears judgment.
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