relinquishing child support

[gauchonyc]

What is the name of your state? New York.

My ex-wife has custody of son granted in Supreme Court alongside order of support in year 2000. Son is living with me for last 3 years. Attends school in my school district with mother's consent. All these times she was collecting cs from old Family Court Order. For some reason she never executed the one from Supreme Court.

SCU, wanted to apply COLA. I filed objection. Mother agrees that she does not want the COLA. Magistrate granted objection. I don't know how, Magistrate is aware of Supreme Court Order and we are to come back with Supreme Court decree.

At that time, Magistrate said he will

1 Declare Family Court legal or illegal.

2 Enforce Supreme Court Order amount (which is much more than Family Court)

3 or enforce any other amount the parties may find reasonable and are in agreement.

Because of certain circunstances, I strongly believe mother will go for Supreme Court full amount.

Question: What could the Magistrate do when I object to the validity of the Supreme Court Order by stating that once she relinquished custody she in fact also relinquished cs? Also, is she in contempt of Court?

 

[Whyte Noise]

1.) You have a court order that gave her custody.

2.) You have a court order that awarded her child support for that child.

3.) You never went to court to modify custody showing that you have physical custody of the child and the child support to your ex should stop.

4.) She didn't relinquish her right to child support because of #3 above. The court order stands until another court order issued later says something different (that you have custody and should no longer pay support for a child in your custody). The current court order still says you owe her support.

5.) You owe the child support, even though the child has been living with you, because you never got a new court order changing custody and never filed for CS from her based on that new court order.

As for what the Magistrate may do... he may tell you that you are incorrect in your assumption or analysis.