Termination of Child Support due to Age of Majority

[Family2009]

What is the name of your state (only U.S. law)? New York.

My son will be turning 21 in December of 2009. Do I need to motion the court in order to terminate child support? Should I obtain an attorney for this matter or can I do it myself? If so when should I make this request? Just before he turns 21 or after he turns 21. My payments have been garnishments through the child support enforcement unit. I was never married to the mother of my child and payments have been emaculate through out the years. One more thing. My son has actually been living with my mother for the last 10 years with payments going directly to my sons mother. Can I get the necessary legal forms myself. Went to the family court website and do not see any forms to terminate child support.

 

[BL]

What is the name of your state (only U.S. law)? New York.

My son will be turning 21 in December of 2009. Do I need to motion the court in order to terminate child support? Should I obtain an attorney for this matter or can I do it myself? If so when should I make this request? Just before he turns 21 or after he turns 21. My payments have been garnishments through the child support enforcement unit. I was never married to the mother of my child and payments have been emaculate through out the years. One more thing. My son has actually been living with my mother for the last 10 years with payments going directly to my sons mother. Can I get the necessary legal forms myself. Went to the family court website and do not see any forms to terminate child support.

Yes you should petition to terminate . I'd call the courthouse and see how long after you petition the matter is heard .

As far as where the child lived who should have been receiving the support , why wait 10 years , unless the support was given to the grandmother by the mother ?

Forms:

Forms

Forms

Looks life there's a petition for relief , and petition to cancel income execution , but check with the clerk of the Court to make sure which one(s) and how long from the time of Petition to court hearing usually take , then go from there .

 

[AHA]

What is the name of your state (only U.S. law)? My son has actually been living with my mother for the last 10 years with payments going directly to my sons mother.

So your mother has been footing the bill for raising your child while you've been paying your ex???

 

[Family2009]

Yes you should petition to terminate . I'd call the courthouse and see how long after you petition the matter is heard .

As far as where the child lived who should have been receiving the support , why wait 10 years , unless the support was given to the grandmother by the mother ?

Forms:

Forms

Forms

Looks life there's a petition for relief , and petition to cancel income execution , but check with the clerk of the Court to make sure which one(s) and how long from the time of Petition to court hearing usually take , then go from there .

Yes, there was an agreement between the mother and my mother. However, obtaining the money from my sons mother is usually like pulling teeth for my mother. Often times she doens't give my mother the correct amount of money nor on a regular basis. At fiirst I did go to the CSE Unit about this and I was told, "Well it's just my word against hers".

I am wondering if I should hire an attorney for this matter or is it something that I can do myself. I'm not sure how successful or smart it is to appear in court without representation. Would both parties be asked to attend the hearing? Also, not sure how the judge would feel about the mother receiving the money instead of my mother.

 

[Family2009]

So your mother has been footing the bill for raising your child while you've been paying your ex???

There was an agreement between my sons mother and my mom. However, many times my mother has had to call me to tell me she is not getting any money from the mother. She gives my mother the money at her convenience and the amounts she chooses. My mother was also assuming that my sons mother would be giving her money on her behalf and not just the money I've been providing. That certainly hasn't happened. As I mentioned in my previous reply when I mentioned this to the CSE Unit there response was, " Well it's just your word against hers". That says alot. I believe that in there eyes the dad is usually the bad guy and always will be. Even though I have no arrears and payments have never been missed. My son will never lack anything. He will be taken care of whether his mother gives up the money or not. This is just a frustratingly unfair situation. But her checks are numbered now and I'm sure she knows it.

 

[BL]

Yes, there was an agreement between the mother and my mother. However, obtaining the money from my sons mother is usually like pulling teeth for my mother. Often times she doens't give my mother the correct amount of money nor on a regular basis. At fiirst I did go to the CSE Unit about this and I was told, "Well it's just my word against hers".

I am wondering if I should hire an attorney for this matter or is it something that I can do myself. I'm not sure how successful or smart it is to appear in court without representation. Would both parties be asked to attend the hearing? Also, not sure how the judge would feel about the mother receiving the money instead of my mother.

Well certainly , if you can afford an attorney , let him /her handle .

You might want to consult a Family Law Attorney first.

See if you local Bar Association Offers consults through Lawyer referral service .

At this point , there would be no use in bringing up where the child resides , Etc.

The time to deal with it , and prove it , as CSE ( which will be no help to the obligor ) , was when residency changed .

The lesson here is to never set anything up outside court orders of this nature .

 

[Family2009]

Well certainly , if you can afford an attorney , let him /her handle .

You might want to consult a Family Law Attorney first.

See if you local Bar Association Offers consults through Lawyer referral service .

At this point , there would be no use in bringing up where the child resides , Etc.

The time to deal with it , and prove it , as CSE ( which will be no help to the obligor ) , was when residency changed .

The lesson here is to never set anything up outside court orders of this nature .

I'm thinking how can I not afford a lawyer. It might be worth it just in case. I'd better start saving for it now. I thought it would be a simple matter being that payments have always been up to date, no arrears, & cost of living increases were added every 3 years as per CSE. Will the mother of my son be required to appear in court as well? What are the chances of CS going beyond age of majority?

 

[BL]

I'm thinking how can I not afford a lawyer. It might be worth it just in case. I'd better start saving for it now. I thought it would be a simple matter being that payments have always been up to date, no arrears, & cost of living increases were added every 3 years as per CSE. Will the mother of my son be required to appear in court as well? What are the chances of CS going beyond age of majority?

I've handle my own child support modifications .

It's really not that difficult .

Again , check with the clerk of the court .

While the clerks can not give legal advice as per say , you can talk to the about the procedures .

Your goal is to terminate CS obligations because the child has reached age of majority .

 

[Family2009]

Contacted Family Court

I've handle my own child support modifications .

It's really not that difficult .

Again , check with the clerk of the court .

While the clerks can not give legal advice as per say , you can talk to the about the procedures .

Your goal is to terminate CS obligations because the child has reached age of majority .

I contacted family court via 3 different e-mail addresses because I wasn' t sure which was the correct one. I received a different response from each. One said I would have to petition for a modification and bring in all sorts of documents like taxes, pay stubs, income execution, etc. I'm wondering why would I have to go through that all over again. I'm not asking for a decrease or anything like that. I'm just asking for relief of child support due to age of majority. She also said I could do this on my own and don't necesarily need an attorney but I'm afraid of showing up in court without representation. The las time I did that things did not go so well. Another person responded by saying I may not need to petition the court at all and should call some number they provided. And the 3rd response was that I would need to petition the court AFTER my son turns 21. I thought I should petition the court a little bit before he turns 21 since it does take between 6 - 8 weeks before a matter is heard. Now I have a few different answers and which one should I go with.

 

[BL]

Go with the modification Petition .
That's what I did for termination ,although not because of age of majority .

Although it was determined 2 out of three children were emancipated .

Remember too , that if you disagree with the decision , you can file a written objection and a Family Court Judge will review it and make a decision on that .

 

[Family2009]

Go with the modification Petition .
That's what I did for termination ,although not because of age of majority .

Although it was determined 2 out of three children were emancipated .

Remember too , that if you disagree with the decision , you can file a written objection and a Family Court Judge will review it and make a decision on that .

I'll do that. I also looked up info from my Bar Association as you recommended so I'll probably go that avenue as well. I still don't understand why I would have to bring in all of my financial documention all over again. I'm not asking for a downward departure. What could possibly go wrong in my case?

 

[Family2009]

Visited the Child Support Enforcement Office

I visited the Child Support Enforecement Office last week to obtain a printout of my entire payment history. They informed me that I did not have to do anything for child support to terminate (when the time comes ofcourse). That it would automatically stop at that time. This just sounds way tooooooo easy to me. I've never heard of this before. Has anyone ever heard of this? My question is is this possible? Can garnishments just stop automatically without any action from me? Any ideas or suggestions are appreciated?

 

[Gracie3787]

I visited the Child Support Enforecement Office last week to obtain a printout of my entire payment history. They informed me that I did not have to do anything for child support to terminate (when the time comes ofcourse). That it would automatically stop at that time. This just sounds way tooooooo easy to me. I've never heard of this before. Has anyone ever heard of this? My question is is this possible? Can garnishments just stop automatically without any action from me? Any ideas or suggestions are appreciated?

Yes, it is possible, but that is IF the CSE is actually doing their job.

However, NEVER trust anything they say, ALWAYS follow up with a consult with an attorney.
I'd say in early Oct. you might want to contact them again and remind them of the expiration date. Do it again in Nov. Maybe at that time they would agree to stopping the garnishment in late Oct/early Nov with an agreement from you that you will personally send the payments on your own. Not likely that they would agree to that, but if your payment record has been good, they might be willing to do that.

 

[Cynbahd]

The CSE will contact your employer approx 30 days prior to the termination date with a modification of Income execution notice. The box that should be checked will state "Terminated. Discontnue deducting money from future pay checks".
This is of course if there is no additional circumstances (i.e. Education). The New York CSE Information System has the childs 21st birth date coded into the system and will generate the termination notice electronically. You will also be sent a copy of the Modification of Income execution Notice. However, thee is no harm in calling as the emancipation date gets closer.
Hope this is helpful.

 

[Family2009]

The CSEU and Family Court

The CSE will contact your employer approx 30 days prior to the termination date with a modification of Income execution notice. The box that should be checked will state "Terminated. Discontnue deducting money from future pay checks".
This is of course if there is no additional circumstances (i.e. Education). The New York CSE Information System has the childs 21st birth date coded into the system and will generate the termination notice electronically. You will also be sent a copy of the Modification of Income execution Notice. However, thee is no harm in calling as the emancipation date gets closer.
Hope this is helpful.

This is what I had found regarding Termination in NYC and education: N.Y. Do . Re. Law § 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991).

Also, after e-mailing Family Court regarding what the CSEU told me this was there response: The Support Collection Unit does close out their account once the childturns 21, but that does not terminate the order of support thru the court. It is strongly recommended that you file a petition to terminate the order through the courts so as to have all records regarding this child support case current. Please note that we are not attorneys and do not give out legal advice. You may want to consult with an attorney to find out all your rights and options.
So I'm basically being informed that I should go to court after all and petition for termination even though CSEU said there was nothing I needed to do.

Gracie 3787, I think your right on point when you said NEVER trust anything CSEU says.