ExpertLaw.com Forums

Can A Support Judgment Be Overturned After My Child Is Emancipated?

Printable View

  • 05-21-2008, 01:06 PM
    UpstateNYMom
    Can A Support Judgment Be Overturned After My Child Is Emancipated?
    My question involves child support in the State of: New York
    My child is now emancipated and my ex has filed paperwork to have the judgement that was awarded several years ago waived. When the judgement was filed, my daughter was small and I was not having CS garnished from my ex's pay. The family ct judge awarded me $$ based on the unpaid amounts and garnished his wages going forward. Can the court dismiss that judgement based on my current income, as I now make about the same money he does? My daughter still has anothe three years of college to complete and the CS payments have been his only contribution towards her education, room and board, computer, transportation, etc. Thank you!
  • 05-21-2008, 01:10 PM
    cyjeff
    Re: Can Support Judgement Be Overturned After My Child Is Emancipated?
    Arrears must always be paid unless you decide not to collect them.
  • 05-22-2008, 05:32 AM
    UpstateNYMom
    Re: Can Support Judgement Be Overturned After My Child Is Emancipated?
    Thank you! So, I guess I have to respond to his summons to Family Court and just let them know I'm not going to decide not to collect?
    Also, will the arrears automatically continue to be collected and distributed by the agency, or will I need to take other action? A representative of the support collection agency told me on the phone that they would continue to garnish his wages for the arrears, but I don't know if these reps are always completely knowledgeable about the advice they're giving.
  • 05-22-2008, 06:47 AM
    cyjeff
    Re: Can Support Judgement Be Overturned After My Child Is Emancipated?
    Think of arrears like any other kind of debt.

    If you cancel a credit card, you still owe the balance.
All times are GMT -7. The time now is 09:36 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved