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I am being charged arrears for child support because mom was on public assistance but mom didn’t even have custody of my son?

Q: I had temp custody and then the grandma had custody but mom collected public assistance for a child that wasn’t even living with her and the state is coming for me for 43k. I would like advise as to what I could do to fight this. 

A: If there are arrears, this means there was an order in the first place. If there was an order, then the only question is whether you were aware of it or not. If you were, then generally the Court cannot vacate arrears once they accrued. You may always try giving it a shot & argue that not vacating the arrears for at least the period of time the child was living with you would work a “grievous injustice,” but this argument rarely succeeds. Schedule a consult with a Bronx Child Support attorney for a full assessment. 

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