Arrears Assertion after 15 years

Status
Not open for further replies.

cjbovgrond

New Member
My situation has been 15 years in the making. After a child support order issued in 1998, my income has gone up and down with intervals where I was on unemployment.

Instead of necessitating trips back and forth to the court for upward and downward modifications, my ex and I worked this out on our own using NY State child support formulary. Over the course of years, every so often, my ex would assert arrears based on the original court order (income drops and unemployment resulted in lower payments) we discussed this through (at one point I asserted that I could go for a modification and she became very upset) and always resolved…or so I thought.

She has once again come to me and is again threatening court for arrears, citing the original order.

Here's the details:

(REDACTED TO PROTECT POSTER'S TRUE IDENTITY)


Can anyone give me a clear picture of what would happen if SOMEONE petitioned the court for arrears based on THEIR math from say, the last 9 or 10 years?

Would the court consider it?

If so, would they look at the entire time period?

Would they not questions why we never came before them earlier and see by merit of consistently paying child support that she's not being above board? Would they look negatively or favorably on me attempting to work it out together with her and give me credibility for not petitioning them for downward mod's when I was on unemployment? I remember the last thing the divorce judge told us was to work out all our issues outside his courtroom in the future.

I really need to avoid court at all costs as I work for a very small and very conservative company with "at will" terms of employment. Having experience staring at the barrels of this county's judiciary discretion, I cannot afford any public record of this much less a garnishment of wages should it go that route (is that automatic in these cases in ny?)

Can anyone provide me a GPS of my situation?
 
Last edited by a moderator:
You need to speak with an attorney.
You can't and won't get the level of professional legal expertise you require (and your position dictates) for FREE.
If things are as important to keep confidential as you assert, you don't want to blast them all over the internet.
I cleaned your post up a bit to assist you with your privacy concerns.


Can anyone give me a clear picture of what would happen if SOMEONE petitioned the court for arrears based on THEIR math from say, the last 9 or 10 years?
The person petitioning the court would eventually get their day in court.

Therefore, the defendant should HIRE a lawyer. Life isn't always DIY.


Would the court consider it?
Yes, see above. Every dog gets his day. That simply means the case could be heard. That's why you defend.

If so, would they look at the entire time period?
Hard to say. Seek legal advice of a good attorney in your county.



Spend some of your hard earned loot,
Hire a mouthpiece in an expensive suit.
You can't fix REAL problems for free,
Unless you start spending REAL money.
 
Last edited:
Status
Not open for further replies.
Back
Top