Legal Question in Family Law in New York
I was divorced in NY in 1994.I had joint custody with the ex as prime custodial parent.I was paying child support.In June of 2000, My son started living with me;I stopped paying child support.In July 2002,I relocated to Florida and my son went back to live with his mother.I resumed paying child support.In Dec 2004,My son came to Florida to live with me,In Jan 2005 my ex claimed in Family court that I had never paid her any child support and got a judgement of $50,000 back support.Icould come up with all the reciepts.A payroll deduction was set up and I have been paying ever since(support and back support.)I got laid off and my next job wages were garnesheed.My son returned to his mother in oct 2006.He has turned 21 aug 2009.How do I stop the garneshe and can I gat credit towards the payments while he was with me.I want to get hands out of my pockets.
2 Answers from Attorneys
You'll need certification from the Support Unit that all amounts you owe are fully paid. If you have that, they can issue the necessary paperwork.
Q. How do I stop the garneshe and can I gat credit towards the payments while he was with me.I want to get hands out of my pockets.
A. First, you may file a petition declaring your son to be emancipated - since he is 21. However, I realize that does not help you with arrears.
With arrears you have a large problem. The arrears are based on a Judgment. I do not know if you appeared before the Family Court or if the Judgment was taken on default. If you appeared before the Family Court, you would have a duty to appeal the Judgment. If are held to the arrears if you failed to appeal the Judgment.
If Judgment was taken on default, you would have to file a motion with the Family Court to vacate the Judgment since the arrears are based on a false basis - that you and not your wife had custody of the child.
Mike.
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