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  1. #1
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    Sep 2016
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    Default Non-Custodial Parent Discontinued Child Support Payments

    My question involves a child custody case from the State of: NY

    SS has been residing with us for the past year. Bit of ups and downs, leaving home, coming back home. He's 18, turns 19 in November. This most recent bout, he's been out of the house for a week now and states that he has no intentions of returning. He's obtained a job, and isn't worried about getting his GED or Diploma.

    Court order out of NY state for his mother to be paying bi-weekly support. She has apparently taken it upon herself to no longer pay support even though she still owes over $2000 in arrears, although the tally is now up to $3000 since she's missed the last two payments. Last payment received was back on June 19th. We have received no paperwork from the court establishing a court date, or have been served with paperwork stating that support is being terminated. This is just something that she's doing on her own since for some reason, the Judge deemed to let her mail her payments in instead of having it automatically deducted from her pay.

    What can be the expected outcome of this? Not too worried about the current, since SS has stated he's not coming home, but he's said that before only to show up on the doorstep a week later asking to be let back in. Do the arrears just go away? Are there legal ramifications for either party with her just refusing to pay and the support order still being in effect?

    Thank you.

  2. #2
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    Default Re: Non-Custodial Parent Discontinued Child Support Payments

    If she accrues additional support arrears, the court will expect her to pay her arrears. If he's now living independently, she has grounds to petition to terminate child support, and should do so. She should not count on the court's forgiving arrears that accrue prior to the date she files her motion.

  3. #3
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    Mar 2016
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    Default Re: Non-Custodial Parent Discontinued Child Support Payments

    Quote Quoting Caitline69
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    My question involves a child custody case from the State of: NY

    SS has been residing with us for the past year. Bit of ups and downs, leaving home, coming back home. He's 18, turns 19 in November. This most recent bout, he's been out of the house for a week now and states that he has no intentions of returning. He's obtained a job, and isn't worried about getting his GED or Diploma.

    Court order out of NY state for his mother to be paying bi-weekly support. She has apparently taken it upon herself to no longer pay support even though she still owes over $2000 in arrears, although the tally is now up to $3000 since she's missed the last two payments. Last payment received was back on June 19th. We have received no paperwork from the court establishing a court date, or have been served with paperwork stating that support is being terminated. This is just something that she's doing on her own since for some reason, the Judge deemed to let her mail her payments in instead of having it automatically deducted from her pay.

    What can be the expected outcome of this? Not too worried about the current, since SS has stated he's not coming home, but he's said that before only to show up on the doorstep a week later asking to be let back in. Do the arrears just go away? Are there legal ramifications for either party with her just refusing to pay and the support order still being in effect?

    Thank you.
    If the orders stated the support ends at 18 she should be going to court to have the order terminated so she doesn't accrue anymore arrears. There's not much you can do about him leaving home. He's 19. He's an adult. He can do what he wants. Be glad he has a job at least.

    No the arrears will not just go away. As long as she has arrears she has to pay them - but don't expect that to happen any time soon. There are legal ramifications for people not paying support. BUT nothing will happen unless the custodial parent files a contempt order for lack of child support.

    If the non-custodial parent refuses to pay what he/she is obligated to pay, the custodial parent can file a violation petition/contempt application with the local family court, and if non payment persists, a hearing will be held to determine whether or not the failure to pay support is willful. If the Court finds that the failure to pay is willful, the Court has the authority to sentence the non custodial parent to up to six months in jail for each charge of contempt. If the non custodial parent is sentenced and hauled off to prison, the Court will set a purge amount (the amount due plus penalties and interest). If someone is willing to pay the purge amount on behalf of the non custodial parent, he/she can be immediately released from prison. However, if the purge amount is not paid, the payor must serve out his entire sentence and still pay whatever is owed when he is released.

    Some people just don't pay child support and it sucks. But nothing is going to happen unless child support enforcement goes after them and generally, I think a motion for contempt needs to be filed before they do. My ex husband is $4000 or more behind for all four of his kids...he hasn't paid child support since November last year and only had a job 3 weeks. No one has gone after him for it ever because none of the custodial parents have gone after him for contempt (yet).

  4. #4
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    Sep 2016
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    Default Re: Non-Custodial Parent Discontinued Child Support Payments

    Thank you for the heads up. I agree she should file immediately to modify the support order with him out of the house. I actually tried contacting the Support Collection Unit to see about modifying the case and having it transferred to where we are in Oregon. Age of maturity is 18 in Oregon, while it's 21 in NY. I felt it was unfair that the support order should be carried through since he doesn't reside in NY and is basically just loafing through life right now while enacting adult decisions. I received a piece of unsolicited advice from the county clerk telling me to keep it in NY, that NY doesn't transfer cases and to make the non-custodial pay. My jaw dropped on that one.

    Will anything happen in the meantime between now and court? Or is the ball all in our field? The county the order is through is notorious for having court dates 6 months out and we haven't even received any paperwork yet. When it was vice versa, and my DH was ordered to pay support, even though SS was living with us (was originally living with mom but had issues so came out to us), DH still had to pay or face consequences. Plus, from what I understand SCU can suspend licenses and passports. Mom travels a lot since she's originally from France. Just came back from a two week vacation from Barcelona and France so I know her passport, license, and credit score is valuable to her. Not sure if I should give her heads up of hey, I know he's not living here anymore but you do owe arrears, and the court has not changed the order yet or if it will just roll over smoothly.

  5. #5
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    Mar 2016
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    Default Re: Non-Custodial Parent Discontinued Child Support Payments

    Quote Quoting Caitline69
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    Thank you for the heads up. I agree she should file immediately to modify the support order with him out of the house. I actually tried contacting the Support Collection Unit to see about modifying the case and having it transferred to where we are in Oregon. Age of maturity is 18 in Oregon, while it's 21 in NY. I felt it was unfair that the support order should be carried through since he doesn't reside in NY and is basically just loafing through life right now while enacting adult decisions. I received a piece of unsolicited advice from the county clerk telling me to keep it in NY, that NY doesn't transfer cases and to make the non-custodial pay. My jaw dropped on that one.

    Will anything happen in the meantime between now and court? Or is the ball all in our field? The county the order is through is notorious for having court dates 6 months out and we haven't even received any paperwork yet. When it was vice versa, and my DH was ordered to pay support, even though SS was living with us (was originally living with mom but had issues so came out to us), DH still had to pay or face consequences. Plus, from what I understand SCU can suspend licenses and passports. Mom travels a lot since she's originally from France. Just came back from a two week vacation from Barcelona and France so I know her passport, license, and credit score is valuable to her. Not sure if I should give her heads up of hey, I know he's not living here anymore but you do owe arrears, and the court has not changed the order yet or if it will just roll over smoothly.
    Are you the custodial parent or the stepparent? If you're not the custodial parent you shouldn't be calling anyone. Your spouse should be doing all that.

    There's not going to be court until she files for termination or the custodial parent files for contempt.

    Yes they usually start with the license. Then go further. And eventually jail but from what I've read and seen someone has to file contempt orders. My ex husband has been not really paying child support for almost five years and has never once been arrested for it. He gets arrested for other things...I've been thinking about filling contempt orders on him but he's going to rehab so we'll see how his fourth time goes.

  6. #6
    Join Date
    Sep 2016
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    15

    Default Re: Non-Custodial Parent Discontinued Child Support Payments

    I'm the stepparent. My husband works two full time jobs and didn't have time to call. All I actually called for was the form number to file to transfer the case. Luckily NY has all of their forms online available to download and I was a little confused about what form for him to use. No personal information was exchanged, just general Q and A. Sadly I've been in the middle since the beginning. DH and Mom cannot communicate. Even to the point when SS came out to us and CPS was involved (due to her leaving him alone for 2 weeks while she left the country with no food and no means of contact in case of emergency), I was the one on the conference call with her and the CPS worker. This was her request and I've been the point of contact since then. If she has questions, she contacts me. If there's an issue, she contacts me. It's since ended when he turned 18, but there are still straggling communications.

    I know what you mean. My ex currently owes 23k in back support. Didn't pay but I think 3 times over the course of 11 years. I've long written it off. I can't remember if I ever filed for contempt or not though. I know I did one time which is when I received the 3 payments, but after that it was useless to bother. He's lived without employment, his license or bank account since then. Relying completely on his wife.

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