Q: New court order: started with a temporary order since out of work, they waited until i was back to work to calculate final order. I was on disability from a car accident which lead to surgery so was out of work. Final order back dated from first out of work not considering involuntarily not working. Now high in arrears. I had a consultation with a new lawyer i found online and he says my old lawyer screwed me, that i should have never had to been ordered full amount back dated from involuntarily out of work and my lawyer should have said something. Is this true? Did i just flush 3G down the toilet for a lawyer who didnt help me , just helped increased arrears? Also said my weekly amount should be lawyered since under poverty amount but imputed since made more last year.
A: David's Answer: First, a definitive opinion can only be rendered after a full review & assessment. That said, if you were involuntarily out-of-work, you would have needed to present a certified medical report to that effect, stating during such time periods you could not perform ANY work. You would have also needed to have presented proof of how you were supporting yourself while out of work. If you did both of those, then yes, as a general rule, support arrears should have taken into account your reduced income. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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