QUESTION
In new york can they suspend child support for incarceration?
Asked on Jan 29th, 2013 on Child Support - New York
More details to this question:
My ex was sent to prison for two felonies and applied to have his child support suspended. The support magistrate suspended his child support. Is this legal in New York and how is that fair to my son? This was a self imposed hardship on fis part so why am I suffering and he is being rewarded?
1 ANSWER
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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The support magistrate can reduce child support if a person ordered to pay it has a decrease in income. Someone in jail can't make much money. Both sides in child support figure it is unfair. Its either not enough or too much. The minimum amount a support magistrate can order is $25 per month. The support magistrate can not reduce it to zero.
Answered on Jan 31st, 2013 at 3:05 PM