The father of my child told me it would be possible to freeze his child support order so that he can look for a job and not continue to have the arrears accumulate. Is it possible?
No. Not without going back to court and have the court suspend the order. Once these orders are entered, there is no stopping them until future court action.
This order is from the court, and only the court can suspend it. He would have to make a petition seeking a downward modification. However, in my experience, the Bronx support magistrates are not so forgiving. He would have to show that his present unemployment was not his fault and that he is making a diligent effort to find work. It's a pretty high burden. Also, the court may require that he return each month with proof that he is actively looking for a job.
Marriage / Prenuptials Lawyer
Not even the Court can actually suspend a child support order. The most the Court can do is downwardly modify the order but the father would have to demonstrate that he legitimately lost his job. If the court grants the petition, once his income increases you can go back to court for an upward modification.
He would need to file a petition for downward modification. Even then, the law requires him to demonstrate he lost his last job thru no fault of his own & that he's making a diligent effort to find new work. For a full assessment, schedule a consultation with a Bronx Child Support attorney.
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Criminal Defense Attorney
No. And his position defies logic as he is already accumulating arrears, so he is not impeded in looking for a job. Alternatively, if the money is being collected by SCU, he may be afraid it will file a petition against him.
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