I am a father of three children, two with an ex-girlfriend and one with my current wife. I have custody of the two older children. My ex-girlfriend pays $100.00 per week in child support. She has recently filed a petition to decrease support payments as she is pregnant and has been taken out of work due to complications with her pregnancy. Will she be required to pay the accumulated arrears from the time she was not working? We did have an initial court date in June where the judge told her that she was aware of the support order when she became pregnant and she must prove with a letter from her doctor why she was removed from work due to pregnancy complications. Thank you for your help.
Criminal Defense Attorney
The law looks at which child(ren) had the support obligation reduced to a legal agreement or court order of suppot first, and that child then has priority over any later or prior born children who did not get such recognition. In other words, if a court ordered support for the first two children, the birth of the third to the payor parent does he no good in reducting her obligation to the first two children. Distinct from that is the loss of her job, which if occuring through no fault of her own, does reduce the amount of child support as a legitimate reduction of her income and the application of the 25% on a small sum will result in a smaller amount of support.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
I'm a bit confused by the timing here, but if she is granted a reduction in her support obligation, it will be retroactive to the dare of her filing of that petition. However, any arrears which accumulated up to the date of petition filing will still be owed to you. Is that what you were asking?
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".