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Topics - MacDad555

#1
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.
#2
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.
#3
Child Support Issues / Support after 21 in NY
Aug 07, 2013, 09:19:10 PM
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?