Court Date for Termination of Child Support

[Family2009]

What is the name of your state? New York

2nd Request. Can someone offer advice? Thank you.

Earlier this year I posted here regarding Termination of Child Support due to age of majority. I now have a court date however I also have new questions. I was told that I will need to submit all of my financial info. all over again. They want me to bring in my taxes, W-2, bank statements, etc. Does anyone know why I would have to do this when I am at the very end of my support obligation? All payments are up to date, there are no arrears and there was recently a COLA increase this past July. I just don't get it.

Also, I keep being told by Child Support Enforcement and by someone I've e-mailed at family court that I really don't have to petition the court and that according to my order it will terminate automatically. Although, I do not see anything in my court order that states child support will terminate at such and such time. It just states my sons DOB.

Honestly, I'd rather not go to court but I'm not sure what the best thing to do is.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[BL]

If your child support payments are sent to CSEU ,then go to court and go through the hoops .

Get a certified copy of the termination order and send it RRR Certified mail to the CSEU office that was in charge of the case .

If no CSEU was involved and the order states CS will end ( whenever ) ,then it does .

The only reason you would have to go back to court would be if the other party petitions and you are summonsed.

 

[Family2009]

If your child support payments are sent to CSEU ,then go to court and go through the hoops .

Get a certified copy of the termination order and send it RRR Certified mail to the CSEU office that was in charge of the case .

If no CSEU was involved and the order states CS will end ( whenever ) ,then it does .

The only reason you would have to go back to court would be if the other party petitions and you are summonsed.

I'm sorry but maybe I'm missing something here. The first sentence says "to go to court and go through the hoops", but the last sentence says "the only reason I would have to go to court would be if the other party petitions & I am summonsed". When I was given my court date I was told I needed to go through the whole thing and serve the other party to appear in court like in the beginning. But, yes payments were always garnished from my check by CSEU. When I went to the CSEU office to get the last known address for the other party (which they did give me, surprised) the supervisor said, "No, you do not need to petition the court but go ahead and waist your time if you wish", "I've been doing this for 23yrs and I know what I'm talking about and that according to my order it will end on it's own next month". Again, my court order doesn't have any wording that says CS will end on such and such it just mentions my son's DOB.

As always thanks for the advice.

 

[Ronin]

It looks like you are trying way too hard to overanalyze this, when in fact it is a pretty good bet the CSEU supervisor really does know what he is talking about, and if he says your support will end next month, then it probably will.

The agency has the correct age for your child, and your garnishments will end when the child reaches the age of majority, unless the court order states otherwise... which it does not.

By your reasoning, if you do not do anything the child support could be garnished indefinitely, which is not so. You can verify the last payment due date with your employer, since it is they who are sending the payments in response to an order for garnishment.

 

[BL]

When I was given my court date I was told I needed to go through the whole thing and serve the other party to appear in court like in the beginning.

So you were given a court date .

Who petitioned ?

You really have me confused , but if you know what you're talking about ,what are you doing here ?

 

[Family2009]

It looks like you are trying way too hard to overanalyze this, when in fact it is a pretty good bet the CSEU supervisor really does know what he is talking about, and if he says your support will end next month, then it probably will.

The agency has the correct age for your child, and your garnishments will end when the child reaches the age of majority, unless the court order states otherwise... which it does not.

By your reasoning, if you do not do anything the child support could be garnished indefinitely, which is not so. You can verify the last payment due date with your employer, since it is they who are sending the payments in response to an order for garnishment.

Ronin,

You've got it. You hit it right on the nail. I hope I am overanalyzing it all. It's been a long journey in more ways than one, is all.

Thanks

 

[Family2009]

So you were given a court date .

Who petitioned ?

You really have me confused , but if you know what you're talking about ,what are you doing here ?

Don't mean to confuse. Let me try and clarify. This past week I went to Family Court for file a petition for termination. I was given a court date but they told me I should verify the other parites address over at CSEU (I wasn't sure of the address) before serving the other party. When I went to CSEU they said there was no need for me to file a petition with Family Court. That I could just cancel my court date but if I still wanted to I could go ahead and waste my time. The supervisor was very adamant about the whole thing. Saying she's been doing this for 23 years. Ofcourse, they can't give me anything in writing stating that I don't need to file because it will end next month, but that I could go on or after my sons DOB for a letter. It's like Ronin mentioned, I just don't want to be garnished more than what I have to. I feel I've fullfilled by legal obligation as per court order. I don't want to have to expose all of my financials all over again if I really don't have to. So you see I really don't feel that I know what I'm doing. Hope I clarified somewhat. Thanks