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Arrested for violating terms of agreement

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LdiJ

Senior Member
Any reward received by my son for the violation of his rights.
Your son has been ARRESTED for not following the child support agreement. That is a criminal case, not a civil one. Your son would have to win the criminal case before he could ever file a civil one. He needs an attorney for the criminal case.

If he wins the criminal case and decides to file a civil case for damages (money) then he would need a completely different attorney. That attorney would only agree to be paid via anything he was awarded if that attorney feels that the case has sufficient monetary merit to be worth the attorney's time. Otherwise, that attorney would expect to be paid upfront as well.
 

Ohiogal

Queen Bee
Your son has been ARRESTED for not following the child support agreement. That is a criminal case, not a civil one. Your son would have to win the criminal case before he could ever file a civil one. He needs an attorney for the criminal case.

If he wins the criminal case and decides to file a civil case for damages (money) then he would need a completely different attorney. That attorney would only agree to be paid via anything he was awarded if that attorney feels that the case has sufficient monetary merit to be worth the attorney's time. Otherwise, that attorney would expect to be paid upfront as well.
SHUT UP LD. You are wrong.
1) Some attorneys do both criminal and civil cases. He wouldn't necessarily need a completely different attorney.
2) Contingency will not be had on CHILD SUPPORT or other family law matters.
3) The state has immunity as do the police and prosecutors in a situation like this unless they can prove that it was so egregious it shocks the conscious of normal people.
4) LD doesn't know anything about what she is speaking.
 

quincy

Senior Member
No he did not. Child support does not get paid to the court.

Again, your son needs professional legal counsel. If he truly cannot afford an attorney he should apply to have a public defender represent him in his criminal case.
Child support, though, can get paid by one parent to the New York State Child Support Processing Center (which in many states is called Friend of the Court) and the money is then recorded as received by the paying parent and disbursed to the other parent.

I think that is what Cleaninghotline was probably referencing.

If so, the son can request a print off of all payments made to the state to show he is not in arrears. There are also legal services available for child support issues (see the link below) but it is not free assistance.

It would not be unheard of for a state child support collection unit to err in their data entry. Whether that happened here is a question mark.

https://www.childsupport.ny.gov/dcse/pdfs/LDSS-4882AW.pdf
 
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LdiJ

Senior Member
Child support, though, can get paid by one parent to the New York State Child Support Processing Center (which in many states is called Friend of the Court) and the money is then recorded as received by the paying parent and disbursed to the other parent.

I think that is what Cleaninghotline was probably referencing.

If so, the son can request a print off of all payments made to the state to show he is not in arrears. There are also legal services available for child support issues (see the link below) but it is not free assistance.

It would not be unheard of for a state child support collection unit to err in their data entry. Whether that happened here is a question mark.

https://www.childsupport.ny.gov/dcse/pdfs/LDSS-4882AW.pdf
But even if the agency DID err, an arrest would not be the first step in the process of the agency trying to collect whatever difference their system shows.
 

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