Violation/Modification

[berryjungle]

new york, NY, my husband was issued with a violation & modification order. He has not been able to pay his full amount of support but will be able to start paying again in June when he starts a full time position (currently he has been part-time for many months, not by choice). He has always paid something during this time. The custodial parent wants to triple the order of support moving forward, something that we can not afford even with him working full time and wants the areears amount (understandable but not possible at this time). We are worried he will be sent to prison! He is not willfully not paying but we dont know how to express this, what should we do? woudl a court appointed lawyer help? It is very troublesome espicially given that in June, his situation will change for the better and order can be fully restored. any advice?

 

[Silverplum]

new york, NY, my husband was issued with a violation & modification order. He has not been able to pay his full amount of support but will be able to start paying again in June when he starts a full time position (currently he has been part-time for many months, not by choice). He has always paid something during this time. The custodial parent wants to triple the order of support moving forward, something that we can not afford even with him working full time and wants the areears amount (understandable but not possible at this time). We are worried he will be sent to prison! He is not willfully not paying but we dont know how to express this, what should we do? woudl a court appointed lawyer help? It is very troublesome espicially given that in June, his situation will change for the better and order can be fully restored. any advice?

What has your husband done to notify the Court about his financial problems?

Search through NY-specific posts by BL. Here's one, and from there you can click on his username to get to all his posts:
https://forum.freeadvice.com/child-support-98/question-about-child-support-543919.html#post2796750

 

[berryjungle]

What has your husband done to notify the Court about his financial problems?

Search through NY-specific posts by BL. Here's one, and from there you can click on his username to get to all his posts:
https://forum.freeadvice.com/child-support-98/question-about-child-support-543919.html#post2796750

he did go to modify but was told that it would be counter productive so withdrew the claim, relying on the promise of more work, that promise is now only just coming good for June, thanks for pointing me towards other posts

 

[Silverplum]

he did go to modify but was told that it would be counter productive so withdrew the claim, relying on the promise of more work, that promise is now only just coming good for June, thanks for pointing me towards other posts

You're welcome.

 

[mistoffolees]

new york, NY, my husband was issued with a violation & modification order. He has not been able to pay his full amount of support but will be able to start paying again in June when he starts a full time position (currently he has been part-time for many months, not by choice). He has always paid something during this time. The custodial parent wants to triple the order of support moving forward, something that we can not afford even with him working full time and wants the areears amount (understandable but not possible at this time). We are worried he will be sent to prison! He is not willfully not paying but we dont know how to express this, what should we do? woudl a court appointed lawyer help? It is very troublesome espicially given that in June, his situation will change for the better and order can be fully restored. any advice?

It's not clear exactly what your situation is, but one thing stands out. CP can not triple the order of support. They can ASK the court to triple it, but there are limits to how much money the state can take. It will have to go in front of a judge for a decision. The fact that he has been paying something will help - as it shows that he wasn't simply trying to avoid paying.

He won't get a court appointed lawyer. However, many attorneys will give an initial consultation for free. I would suggest calling around and finding one and laying out all the facts for that attorney to see what they recommend.