Q: I just moved from puerto rico to ny in june 2016. I’ve been out of ny for 14 yrs. Now in 2011 my ex filed or the state filed for child support. I just moved back to new york in june and i received a paper stating that i failed their court ordered child support that started in May 2015. The child enforcement agency knew my address in puerto rico. I never received the court order. I just looked at the paper and it has an address in new york. Im assuming that’s were they sent it. It says i owe 1,770 arreas. I knew of the child support because they garmished my tax return. What i never received was the court order of child support. I dont want to go to jail for comtempt. It says i willful failed. And i just didnt know. I live in a shelter with my fam if i go to jail they loose the shelter.i filed a pettion for dna. She revealed that the boy was not mine after birth 2 yrs later. The boy knows the father. He never seen me.. I just need to know what can i expect!! I didnt know. Dont i have to be served the letter. Im nervous. Can someone help please.
A: David’s Answer: If they didn’t serve you properly & issued a default support order against you, then you’d otherwise have the ability to file a motion to vacate your default. That said, you have up to 1 year to file the motion to vacate your default measured form when you had actual notice of the order. You’re best advised to schedule a consult with a Westchester Child Support attorney for a full assessment.