Legal Question in Family Law in New York

I have a child support order stating that I am to recieve $60 per week for my son. I have not recieved any child support for 102 weeks. My sons father said that he is unable to pay due to being on NYS publiic assistance. He has not filed a petition to reduce or suspend child support. As of today he owes a total of $6,120.00, can I file a violation petition with him being on welfare?


Asked on 5/08/12, 3:06 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

File a petition for contempt. The fact he is in welfare should not relieve him from payments due before the petition. So, it is likely he will still be ordered to pay the $6,120.00 as back child support. However, for future payment, the court can reduce his $60/week obligation. You should see if he is purposefully making himself unemployed. If so, the court can impute income to him despite him being on welfare.

You might consider retaining a local attorney in this matter. If you cannot afford one, see if you qualify for a pro bono attorney.

Also licensed and practicing in New York.

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Answered on 5/13/12, 1:00 pm


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