Tuesday, May 28, 2013

If you accrued one year of arrears and just started paying, Is it easy to get modification or can violation still be enforced

Q:  My ex only got a part time job to stay out of jail.

A:  David's Answer:  First, you can still enforce the order. Whether he'll be found guilty is a question intertwined with whether he'll get the modification. The answer will be whether he can prove he made a "diligent search" for work, which usually entails submission of an extensive job search diary to the Court. In my humble opinion, most such violators fail in that regard. In any event, you're best advised to schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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