Changing CS payment arrangements from state to private pay?

[muchneededhelp]

New York

My ex-husband and I would like to change our child support agreement from the NYS Child Support Collection Unit to a private pay agreement. His current job has decided that enforcing his order isn't neccessary, no matter how many notices NYS sends them.

Is there a specific form that I have to submit to the county court regarding this?

He is in arrears, and he is planning on paying it off in one lump. From there, can I write a letter to NYS CSU and tell them that I've received the complete arrears amount? I want to ensure that his job doesn't suddenly decide to start taking CS out for the arrears once we've taken this out of NYS's hands.

Any other advice is appreciated, thank you.

 

[stealth2]

Why can't he simply pay it through CSU himself? He's responsible to make sure his CS is paid whether his employer does it or not.

 

[BL]

New York

My ex-husband and I would like to change our child support agreement from the NYS Child Support Collection Unit to a private pay agreement. His current job has decided that enforcing his order isn't neccessary, no matter how many notices NYS sends them.

Is there a specific form that I have to submit to the county court regarding this?

He is in arrears, and he is planning on paying it off in one lump. From there, can I write a letter to NYS CSU and tell them that I've received the complete arrears amount? I want to ensure that his job doesn't suddenly decide to start taking CS out for the arrears once we've taken this out of NYS's hands.

Any other advice is appreciated, thank you.

Are you on State assistances with the child(ren)?

If so that will not be possible.

If not , once the arrears are Pd. off ,file for a modification through the court.

What other collection methods has the State used ,or going to use?

 

[single317dad]

New York

My ex-husband and I would like to change our child support agreement from the NYS Child Support Collection Unit to a private pay agreement. His current job has decided that enforcing his order isn't neccessary, no matter how many notices NYS sends them.

Is there a specific form that I have to submit to the county court regarding this?

He is in arrears, and he is planning on paying it off in one lump. From there, can I write a letter to NYS CSU and tell them that I've received the complete arrears amount? I want to ensure that his job doesn't suddenly decide to start taking CS out for the arrears once we've taken this out of NYS's hands.

Any other advice is appreciated, thank you.

If i was Dad's attorney, I would advise him VERY strongly against this. There's a good reason why it's not even legally possible in some states.

http://www.nyc.gov/html/hra/downloads/pdf/ocse_important_information.pdf

 

[mechdad]

This is really a bad idea for both of you. You could say you didn't receive payment you did or he could claim payments he didn't make. Also, how would it be enforcable. Tell him to just mail in the payments and they will send them to you and your both covered. Many states even have an e-pay system where they can directly debit from dad's bank acct. If you want the amount changed and you are not on any kind of assistance file for a modification and tell them that you two have come to an agreement on the amount.

 

[stealth2]

I may be wrong, but I seem to remember that we were close to the end when private payments of this type were allowed in NYS. I will say that I was lucky in that he pretty much paid what and when he was supposed to, and he was lucky that I would never claim he didn't pay if he did. But most are not that fortunate.

 

[muchneededhelp]

Thank you for your responses. In response:

BL- No, we have never been on state assistance.

Stealth- He sent in personal checks to NYS, which they promptly returned telling him they will not accept it, they will only accept a bank check or money order. Child support is only $34/week, and it will cost him $5 for every payment he sends in for a bank check, not sure what a money order is. He's not sure why they won't accept it, as he's always had his order thru the state and the amount removed from his paycheck since 2004.

SingleDad- My ex-husband and I have a very good relationship, we've never had to go to court for anything. We decided everything for our son back in 2004, and he's always paid and made good on his word. He switched jobs in January, and due to that, it took about a month for his new job to start taking child support out. His previous job didn't send 4 payments in as well for 2012, although they took it out of his paycheck. So he had about 2 months of arrears, and NYS was unwilling to work with him or myself on "auditing" the employer for the payments that had gone missing, although he had every paystub from 2012 that showed he had already paid. After the arrears were paid off, NYS sent a note to his employer that his arrears were taken care of, he no longer had to pay the $51, he could go back to the standard $34. His job ceased sending anything in. He has gone in every week to remind them to re-start the order, and I have called his job as well. They get notices every week or two from NYS telling them they HAVE to start taking it out, but they just make a copy and give it to my husband with his paycheck and ignore the order. The job is threatening to fire him if he makes waves, and he isn't union until July, so we decided this would be better. He knows that I should probably be getting close to $100/week for our son if we go by NYS's model, so I'm 100% positive he will not screw this up as it will only bite him in the butt if he does. Neither of us want to go to court, and I enjoy having such an open and friendly relationship with my ex.

Mechdad- Thank you for your advice. While reviewing NYS's page, I do see an online payment service. I will notify dad and let him know of this option. There are high fees it seems that are attached to them.

Thank you all for your responses.