My husband and I have a daughter together with another one on the way. He has a son with his ex-wife, where he pays child support to her. My husband has been unemployed for over a year and has been receiving public assistance help. Since he's unemployed I help him pay the child support. But with our finances we're not able to keep up with the payments so its build up an arrears of $1,938. The ex-wife filed a child support violation stating he willfully doesn't pay child support. Even though she knows he's unemployed an receives public help. Not to mention he stays home and takes care our daughter. His sister wants to help by maybe paying off the total arrears.
What will happen if we pay off the arrears before the court date?
Nothing will happen if you pay off the arrears before the court date. However your husband may be able to get a downward modification of his child support obligation if he petitions for this based on his unemployment as ell as a number of other factors the court will consider. I would urge you to speak with an attorney before going to court or filing a petition for a downward modification. Good luck!
Your husband needs to speak to an attorney. You are free to pay them off of course and then nothing shall happen, however, you may have other options, including a downward modification.
Speak to an attorney because unless you seek a modification, no matter what you do, you shall always be behind on your support.
Many people in your position do not want to do to the expense of hiring an attorney, but that is a bad idea. Being penny wise and pound foolish is never a good way to go.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
I do not believe anything will happen either way. In my experience, such a low arrearage amount will not likely trigger a jailing -- and if it does, he'll just pay a "purge" amount which could be as little as 10% of the arrearage amount.
If he pays it off, then the petition will be marked "resolved" and he'll leave only to return if the honey violates him again.
I must also say that few survive family court going unrepresented. He may be overpaying support simply because he went alone saving pennies and losing dollars.
If your husband is currently receiving public assistance I don't recommend that you pay off the $1938 in arrears. I am assuming that he was previously ordered to pay child support pursuant to some type of a court order issued at the time that he was employed and based on his income. If that's the case and he is unemployed and on public assistance, he should file in court for downward modification of child support based on his current employment status. If the court is persuaded that he is looking for and cannot get a job, it will lower or suspend his ongoing support obligation and it will also create a very modest payment plan to allow him to repay these arrears over time based on his income. The fact that you have children together and that he takes care of them at home is not relevant to his support obligation to other children. If he files the petition and the court does not create a reasonable payment plan for the arrears, his sister can then offer to pay them, but I wouldn't volunteer this upfront. If his is unemployed and on public assistance he is obviously not "willfully"avoiding payment of support. I wouldn't worry about that piece at all. I hope this helps.
If you satisfy the arrears, then most likely the petition will be dismissed. The only other remedy conceivable would be the posting of an undertaking, or invocation of SCU services if they're not in place already. For more info, schedule a consult with a NYC Family Law attorney.
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