How Long Is Too Long to Collect Support Arrears in New York

[MaryMG]

My ex-husband has been behind in child support. I no longer collect for my daughter (she's 20), but during the time he paid for her he got behind in a few payments ($1800). There is a court order but I have never used court collections. I was led to believe (by him) that when she turned 18 - payments could stop. He agreed to pay $100.00 a week until he got the $1800 taken care of - but never has. In addition, I discovered that he was to continue to pay until the child reaches 21 or is emancipated. My daughter began working full time in May of her 19th year. 7 months past her 18th birthday. I have calculated what he owes (including interest) and gave him that information last year... He was receiving some security funds and told me he would pay me from that.... well - you know the rest. My question is - is there a good payment calculator that I can use to find out what he truely owes me, and should I go back to family court to petition for arrears, or do I need a lawyer? Your comments are greatly appreciated!

Thanks,

Mary

[Mr. Knowitall]

I understand that you can seek to collect the arrearage for twenty years following the date of default.

As for what he owes you, the child support agency, assuming he pays through them, should be able to provide an accounting.

[MaryMG]

Thanks. Regretfully, he has always been a responsible parent (up to this point) and we never used support collections. He just paid me direct.....

Do you think it's best to go back to family court on my own or should I get a lawyer?

[Mr. Knowitall]

If you are comfortable drafting your own pleadings (and figuring out how to do so), and presenting your own case in court, there's no reason you would need a lawyer. If not, it's probably going to be helpful.

[MaryMG]

Thank you. Do you know of any online sites that might be of help in putting this together?

Mary:

[Xena]

Thank you. Do you know of any online sites that might be of help in putting this together?

Mary:

I don't know of any sites for your state (hopefully someone else will).

If you can't find any sites, a good way to learn is to spend a few hours at your local courthouse looking through other case files to see how the pleadings are done. Since family law cases are public record it can be easy to do. It just takes a little time.