Q: I was placed on child support in 2010 and neglected to handle it immediately causing a default judgement to be put against me and an arrears balance to accumulate. I feel as if the default judgement is based off my tax returns prior to 2010 and my salary dropped from 60k in 2006-2008 to 11k in 2010 due to some life mistakes I had made back then. In 2014 I went to court/child support enforcement office to make a payment arrangement and have been paying current and arrears on time since then. But the magistrate refuses to go back before 2014. Despite My efforts to rectify my arrears, I have had my bank account levied, as well as my vehicle seized. My child’s mother and I have a very rocky co parent relationship and she is very reluctant to speak about it because she does not want to lose out on the money she feels is owed to her. I have filed for a modification and had it rescheduled because she refuses to show up. And instead of even letting me request an attorney they reschedule it again, not penalizing her for not coming to court even when officially served w/ papers. I would like to have My case reviewed to base my arrears balance off of my actual income at the time
A: David’s Answer: The Court cannot vacate arrears once they accrue. Moreover, you only had 1 years to file a motion in an attempt to vacate the default judgment. There may be other ways to handle the arrears and/or modification of support. Thus, calla Bronx Child Support attorney to schedule a consult for a full assessment.