Legal Question in Family Law in New York

child support

I received in the mail today a petition from my sons father to eliminate his child support until he can find a job? I have full custody and complete when he does or does not see his son. I have been away from the father since june of 2003 due to domestic violence in the household. In the time frame of june 2003 till present i have only recieved 113 dollars in support for my son. The father was fired from a local store and in his words is unable to get a job. I want to know what my rights are and how i should handle the situation and what his chances are of him actually having his child support rescinded?


Asked on 3/09/04, 9:03 pm

1 Answer from Attorneys
Whitney Clark

Re: child support

You should vigorously defend against his Petition. He has an obligation to support your child, which includes finding a job immediately. While the legal standard for modifying (reducing) child support varies depending on how support was ordered, it is difficult to receive a reduction. A total elimination of support is contrary to public policy. Even if he is unemployed, he has an obligation to pay something for the support of your child.

I work for a full-service matrimonial and family law firm in upstate New York. If we can be of any assistance, please feel free to contact us.

I wish you the best of luck.

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Answered on 3/10/04, 8:28 am


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