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: https://www.childsupport.ny.gov/dcse/pdfs/dmvCh.... 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 (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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