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New York support question, forms to terminate

Started by mom2boys, Feb 02, 2006, 01:43:56 PM

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mom2boys

We are looking for forms to fill out to terminate child support for my husband's son.  He is 20 years old and will be 21 real soon, and we want to get the paperwork in motion so not to hold up anything when he turns 21.  

I can't seem to find anything online, I looked at the county's Support Collection Unit website, but could not find anything.

Also what proof would we have to show that he has turned 21 and support should be terminated.  We do not have a copy of his birth certificate but I assume the Support Collection unit has his birthdate on record.  I know these things take time and I am assuming we will have to have the Family Court send us something that his support order is no longer valid or has been satisfied, etc. then we will need the court to issue a new Income Execution to stop payments being garnished from my husband's paycheck.

Any help anyone can give us would be wonderful.  

Thanks,

ocean

You can go down to your local CSE office (there is one in every county in NY) and they were very helpful to me (forget about the telephone number---they are not trained and do not always give you the right info). You do not need an appointment and they can do it for you. You may have to go back to court and get it terminated. Is your SS in college? If so, you will have trouble terminated here....if they are full-time it can be until they are 23!! Good luck!!!

mom2boys

No, SS is not in college, he graduated in June 2005 and has been living on his own in his own apartment since the beginning of his senior year in high school.  He lives with his girlfriend, has not been under BM's control for a very long time.  We went to see our lawyer to see if we could get it terminated sooner, but he told us in NY it is til the child is 21.  He works full time and is not intending on continuing his education.  He moved down to North Carolina for about 3 months and just found he moved back cus he lost his job.  Him and his girlfriend are presently living with her parents now, so in a sense he really isn't on his own currently.  He won't be 21 for a little while but I think we have grounds for terminating upon his 21st birthday.  I know these things take awhile so we want to be prepared when it does happen.

Do you know the steps in getting it terminated.  I am sure we will have to go to Court and then once that happens we will probably have to get a new IE (Income Execution) instructing his employer to stop garnishing the support payments.

I can't tell you what a long awful road this has been for us.  All's I can say is the end is near, and we will be very glad to have this over.

Thanks,

reagantrooper

Child support till the age of 21 is just WRONG. It blows my mind that you New Yorkers have to put up with this. If this is not a perfect example of involentary servitude I dont know what is!

So not only do you have to support you ADULT X via "child support" till the child is 18 you have to continue to support your ADULT child after you have no control or say so in anything he/she does!

I can hear it now, "F**k you Dad you cant tell me crap and I dont have to do anything you say. Just make damn sure you send the check, I'll be waiting for it!" (not saying that your kid is like this)

Fing bizarre to say the least!

Good luck to you! At least its over for you!

mom2boys

You are so right on that one.  And yes, my ss is like that.  He doesn't care we are still paying support, but his mother sure is.  

Back in June of 2005 when he graduated high school she sent us a letter stating "Final Bills for X" She nailed my husband for $350 worth of graduation expenses.  Technically, we were not obligated to pay the bills but then she sent us a nasty letter, certified mail that quoted my husband's support order in detail.  And a few years back instead of increases support monies (which she was entitled to) we decided to split some of the extra expenses for my stepson, like school clothes, lunch money, etc.  It is the etc. I get worried about.  But when we went to the lawyer they said the only thing we might be able to do is get the payee changed and have the support payments sent directly to ss instead of the mother.  He said it could cost us up to $5000 to go to court and do this, so we said, why bother.  Our ss will be 21 in about 18 months, so we figured it was better to just leave things alone until he turns 21, and then it can be terminated once and for all.

But you are right NYS sucks, for this reason exactly.  My husbands son graduated from high school, is not continuing on in school, is working full time, supporting himself, he has not lived with his mother for almost 2 years now, and the support monies go directly to her after they are garnished from his paycheck, we will have to go to Family Court to get it stopped.  

Alls I can say is the end is near but not soon enough.  I wish it could be now, but I guess we just have to deal with it for another 18 months.  But hey, what is another 18 months when we having been dealing with her lazy ass for the last 19 years

ocean

Hi again....
Please go down to the local child support office in your county. They were very helpful to us. If your order is through them, THEY take the BM back to court...(you can have a lawyer too but they wrote up the papers). We have not gotten to the termination age yet so I have not gone through that but they will be very helpful with all of your questions and it is FREE! Our county, you can walk in anytime and they take you in the order you come...I have never waited more than 20 minutes. On Wednesday's they are by appointment only if you wanted to do it that way. Good luck and let us know what happens....