Saturday, May 17, 2014

Child support in arrears of 20, 000+-- Need help reducing if possible have an order that was placed on me bc of not showing up

Q:  This order was for a huge amount and I was not even employed but on unemployment and g oing to school at the time. I tried doing a modification myself but the magistrate sent me home twice stating that my proof was not suficent and another time bc of the Custodial parent not being there. I have been working for the last year and fo rthe past 7 months they have been taking out the arrears of over 400$ a month plus current 400$ for the 17% that NYS requires. I am coming home with less that 300$ per pay period andmy license is suspended even though I am paying the arrears. I have a great opportunity to join the FDNY. Passed test n physical etc just have not done the credit check due to the arrears and suspension. Can I do anything to have compromise of arrears? I am not able to pay in full.

A:  David's Answer:  First, you're stuck with the arrears unless you file a motion to vacate your default. The motion must state not only a meritorious defense but also a reasonable excuse for not appearing. Second, you can file a request with SCU for a work-restricted license. You may find the form here: Finally, you may file a downward modification petition. That said, you're required to demonstrate you lost your last job thru no fault of your own & that you've since been making diligent efforts to find a job commensurate with your prior earnings. Call a Child Support lawyer in your area for more info.   -- David Bliven, Westchester Child Support attorney (

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