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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35405
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My daughters father paid (off & ob) the same amount of child

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My daughters father paid (off & ob) the same amount of child support that was established over 10 years ago. I never went back to have it adjusted because he always made me feel bad. The amount was much less than the 17% NYS requires. I was ok with that until he had a cut in pay 2 years ago. I agreed that he could pay a less amount (half of the $277 bi weekly court agreement) until he got his finances in order and our agreement was that he would continue to pay the lesser amount until our daughter finished college. We both agreed that this would make up for the reduced payment as well as his lack of financial help with insurance and other obligations. Of course she is approaching her 21st BD and he is refusing to pay the remaining amount. Is there anything I can do legally?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Quite simply, the agreement that you made with him to allow him to pay less is not enforceable by the court and to the extent that he has not paid the full amount that was owed, the unpaid support became arrears.
You can get a court order directing him to pay you the remainder of the money by filing a Motion for Contempt and an Affidavit in Support of your Motion, with the family law court where the support order is out of, and the court will order that he pay you the remainder of the money.
Here is a link to what the Affidavit will look like:
http://www.nycourts.gov/forms/matrimonial/PS-ContemptOrder-Affidavit.pdf
The court will make the order and if he still does not pay the court can find him in contempt and fine him or even jail him.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug

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