child support arrears payment schedule

[staceesee]

New York
my boyfriend made a verbal agreement with his ex-wife to lower their child support agreement because of a drop in his income. she is now taking him to court for more support and arrears. assuming their verbal agreement is meaningless, how can the arrears be paid? will he be able to pay the arrears over time by adding a specified amount to his regular child support payments? he can afford to add only $100/month to his regular child support payments.

 

[mistoffolees]

New York
my boyfriend made a verbal agreement with his ex-wife to lower their child support agreement because of a drop in his income. she is now taking him to court for more support and arrears. assuming their verbal agreement is meaningless, how can the arrears be paid? will he be able to pay the arrears over time by adding a specified amount to his regular child support payments? he can afford to add only $100/month to his regular child support payments.

The verbal agreement is not binding. Only a court order (or administrative order via CSE) can change support, so she is within her rights to do that (morally wrong, but legally she can do it).

He should be able to work out a payment schedule to pay off the arrears.

 

[BL]

Yes the court can order an amount per month current support due & so much added per month for arrears until those arrears are paid off then pay the regular monthly amount after .

He does not get to chose how much he has to pay because that's all he can afford .

The court will calculate the amount(s) .

New York State Child Support Standards Act.

http://www.divorcenet.com/states/new_york/ny_child_support_worksheet[/U]]New York Child Support Standards Act - Child Support Worksheet | divorcenet.com

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:


[U]http://assembly.state.ny.us/member_files/060/20090219d[/U]/

 

[Just Blue]

New York
my boyfriend made a verbal agreement with his ex-wife to lower their child support agreement because of a drop in his income. she is now taking him to court for more support and arrears. assuming their verbal agreement is meaningless, how can the arrears be paid? will he be able to pay the arrears over time by adding a specified amount to his regular child support payments? he can afford to add only $100/month to his regular child support payments.

Is there a good reason that the father can't post his own legal question?