My self proprieter job is bankrupt I have not been working

Asked 10 months ago - Walden, NY

what do you do when you have to go to child support and you are not currently working and the judge might think you are deliberately doing it even when it is not deliberate on my part. The mother hit me with years of back pay recently and I am unable to make the payments right now. I had to re-apply for food stamps and I also have custody of my daughter of a different mother. I cant afford to pay what Child support wants me to pay. How can I reduce it?

Attorney answers (2)

  1. Vivien I. Stark

    Pro

    Contributor Level 13

    Answered . You should go to Family Court and file a petition for downward modification. You should do it as soon as possible since the payments are only reduced from the date that you file. You should bring with you to court, your completed financial affidavit, tax returns, last 3 paystubs, proof of unemployment insurance as well as copy of your petition for bankruptcy. You should also immediately start looking for a job and keep a job search diary with the date, times, contact name and number as well as the email or other written proof of your job search. If you do all of the above, you significantly increase your chances of being successful in your application to lower your child support.
    Good luck.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal... more
  2. Matthew Scott Berkus

    Contributor Level 20

    Answered . Each state has rules regarding child support, for the most part, the rules are similar, but there can be variation. So, ultimately, you need to speak with a NY family law attorney to clarify your specific situation. But here are the common rules regarding child support.

    1. Back child support cannot be reduced. Once a judge has entered an order for payment of "back child support" the amount cannot be modified.
    2. You might be able to negotiate the payment of the back child support. But if there is one debt with almost no options, it is back child support.
    3. It "might" be possible to modify your future child support obligations. So, if in addition to the back child support, you have ongoing child support payments, you might be able to modify that amount.

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