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I AM FINALLY FREE.


After my ex-Mother-in-Law and guardian of my children lied to the court regarding the attendance of my eldest daughter in college in order to obtain almost 6 months of additional support before finally telling the truth. She now has gotten her comeuppance. When I went to the NYS Family Court I found out that the support was not "gifted" to my daughter, but was in an unknown credit on my account.


I went to have my youngest emancipated and Voila, the judge hands me what is the "secret SCU account balance" which shows the credit. She left the court with a scowl and I hope to never see it again. I am now waiting for the very verbose revised support order saying to pay off the "secret accrued" until youngest is emancipated.


I have absolutely no faith that the SCU will follow the order, and I will have to go down and go to the very top of the office bureaucracy to get someone to adjust the account ASAP or even at all as I only owe 4 weeks.


So this is a win for me and my wife, I just thought I would share.

I am going to local office with order. Does anyone have any experience with NYS SCU and whether they read the order and make the adjustment or NEED THE JUDGE TO STATE IT WITHOUT AMBIGUITY, to apply a credit.
They will most probably not even know about the new order due to bureaucracy and lag. Will still need to alert them and find out from CS worker what is their procedure in this case. All monies have been disbursed, so I wonder if they will even do the "not get paid for x weeks" which makes perfect sense. I will find that out when I get there and speak to them. Only issue is the mailed order wasn't certified or embossed, causing yet another possible bureaucratic delay for me to get it. In a perfect world, this would not require my intervention, but CS is a huge money maker for all involved but NCP.

FYI: I am NCP and did file for emancipation, and below is result.
Update. Received order to remove eldest child since she is not in college. 
Only issue now is the effective date of order means that I have a huge credit amount that was "of course" not stipulated in the order, just the effective date of the reduced amount.

Any advice on how to make the Support Collection Unit do that. They actually told me that they have no process or form to submit an overpayment by NCP, but do have one for CP underpayment. Why am I not surprised.


I will absolutely not allow that to be a GIFT to my kids as some other NCP have had happen to them when dealing with collections units.

It's way too early to see it reflected online. I have another child that is under 21 and if they are ordered to credit me for the emancipated child then I would see the negative balance owed. At that point, they would have to draw down off that amount until it is even. Whether they do it willingly or if I have to take them, or her, to court is the only question.  There is all kinds of hardship crap that has to be waded thru on both sides if this goes back to court. Bottom line, both kids are working, not in college, youngest has new car, she owns her home. If it comes to the best interests (what a crock) of the "children", I should prevail.

I may have an overpayment noted on a upcoming order of support in NYS. The CSE entity I spoke to who issues the IEX said that if the judge doesn't state the overpayment or other language in order that I cannot recoup. Is this correct? It appears to be just another case where obligators are screwed by the system. I may have to go back to court to get a credit for the overpayment for when my daughter was emancipated at 21. Any posts on this would be appreciated.

Thanks for the posts, I do appreciate it.
I will definitely bring up the points MixedBag made regarding the releases and paying my adult daughter directly with my lawyer. She is not a child and is just a person living in the same home she grew up in. There really isn't any guardianship that I can see here. Emancipation according to the agreement is either when they marry or when they full time jobs or join the military.
I think that is mostly the same as NY law about emancipation.

I know all the other stuff, bad parenting, PAS won't mean anything to a support magistrate, but if it I have to I'll appeal it to a Family Court judge and make them ALL explain why I have to continue to support after 21.

[Can you believe that?]

I have been paying support to her since ex passed, not first time.
I have all paper with MIL. I did sign a separation agreement with my ex-wife and MIL had to stipulate to it when she received custody of my daughters.


Both in college so late because of MIL bad parenting and not accepting any help from me. Don't know when they will graduate or what they are doing in school due to lack communication.
Both girls didn't finish high school on time and have had many problems.


Agreement stated I must be consulted and so many other things about school and life and MIL ignored every word. Now she is coming forward and asking that a different court enforce one part and ignore all the rest.
She actually counter petitioned me with an acquiescence of removing oldest daughter and to get an increase for younger.


And then when the judge was ready to order she pulled a single page from the 45 page agreement that said I must pay until they're 25. Can you believe that? Judge may not have been pleased with the fast one she tried, but she did get 3 months more support and I may never see that $$ again if I win.

Some back story: The mother of my two daughters was diagnosed with cancer when my youngest was born and after a 3 year fight lost the battle and her life. Prior to that I had signed a separation agreement that provided that I support my kids until they were 25. I have paid without pause since they were 2 and 3 respectively except for about 6 months when I was unemployed. 


My kids have been physically living with my ex-MIL all of that time and now she is contesting my stopping support for my oldest who is now 21. I cannot afford to support them past 21 and I'm concerned that the magistrate will not care about my situation. The agreement has never seen the light of a family court room.


They are both in community college and MIL has never consulted nor asked me for any input in that or any other aspect of their lives in direct violation of the agreement. Does anyone know whether I would have a case to have support end at 21 as is the law in NY or can/would the magistrate just make me pay. I love my kids and have always tried to be supportive of them in spite of the PAS.


Isn't it what is in the best interests of the children in child support and not the best interests of the custodial parent?