Q: I owe arrears in child support and are trying hard to work out paying them off but they are refusing to give me a reasonable amount monthly to pay back. Secondly they are charging me support but for the last 4 years I have had had full custody of my daughters . Went to court today and they are refusing to stop enforcement from four years back . They are now stating they need the mother in court. Please help tell me what I'm doing wrong ...
A: David's Answer: The issue is that they aren't obligated to work out a payment plan with you in the first place - they technically can take out up to 50% of the order (in some cases up to 60%) to satisfy the arrears. Moreover, the reason the Magistrate needs the mother in court is that she'd need to admit the child was with you - and even then its only discretionary (not mandatory) that the arrears be waived for that period. Speak with a Child Support lawyer in your area. -- 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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