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    mrtrey's Avatar
    mrtrey Posts: 3, Reputation: 1
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    #1

    Aug 26, 2008, 08:19 PM
    Child support
    I am terminally ill and I have a son and his mother is taking me to court for child support, and my doctor advised me not to work. Am I still responsible for paying child support if I am unable to work? New York State Disability has not approved me yet, so right now I have no income. What am I up against?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 26, 2008, 08:31 PM
    You may have to have the court review the doctor records and/or have the doctor testify in court. But they may still set a min sum that is expected.
    iLuvRatatouille's Avatar
    iLuvRatatouille Posts: 15, Reputation: 1
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    #3

    Aug 26, 2008, 08:34 PM
    Oh, you need to contact the family law facilitator or clinic in your area and be honest and forthwith.

    And do it tomorrow.

    Modifications can and will be made when proper physician documentation is filed with the court and is can be done as attachments to pleading, which an attorney can draw up. If you are terminally ill, there are many attorneys who will assist you Pro Bono ( free).

    Start calling at 8 am tomorrow for free consultations.


    Blessed Be
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 27, 2008, 06:06 AM
    Quote Originally Posted by iLuvRatatouille
    Oh, you need to contact the family law facilitator or clinic in your area and be honest and forthwith.

    and do it tomorrow.

    Modifications can and will be made when proper physician documentation is filed with the court and is can be done as attachments to pleading, which an attorney can draw up. If you are terminally ill, there are many attorneys who will assist you Pro Bono ( free).

    Start calling at 8 am tomorrow for free consultations.


    Blessed Be


    Need more info - is this a modification of support or a whole new support matter? Has OP been paying support?

    This may be the case where you are but it is not the situation in NYS - only the Court can modify support and there needs to be a request to the Court to do so. There will need to be a hearing.

    There is a minimum in NYS or the Court may order support based on "anticipated" disability income or the Court may adjourn the matter until disability and/or SS is approved.

    Have you been served? What is the status of the matter?
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