Child Support Continues Years after Children are all Grown

[RTalavera]

I have a friend who has had child support taken out automatically from his paycheck for years. His children are all grown up, but his former spouse continues to receive payments unjustly. She has moved without a forwarding address, and even though my friend has taken the matter to a judge, it has been dismissed because she cannot be located!!! He is understandably frustrated and can't afford a lawyer. What can we do? Thanks for the input!

[avman]

Well thats ridiculous. If he's having payments taken out of his account the money must be going SOMEWHERE... The state must know where to send the payments and thereforeeee how to find her.

 

What state and county is he located in and I will help you find the right people to contact to sort this out...

 

avman

[RTalavera]

Thank you for responding! My friend lives in the Bronx, New York. He barely earns enough to cover his needs, and is always behind in his rent. I sincerely appreciate your help. Have a great evening!

[avman]

Ok, here's the scoop -

 

Child support in New York continues until age 21. I dont know how old his children are but if they under 21 then the payments should continue.

 

Has he seen his children lately? Where are they? He does have visitation and phone privileges with them right? Don't they know where their mother is?

 

Here are the forms he must fill out: nycourts.gov/forms/familycourt/index.shtml

 

I believe he must file a Relief petition with the court and also needs to serve the mother with a subpeona to appear. He should be able to file a petition with the child support office to obtain her address or simply call them. You did not provide the county and I'm not very familiar with New York State but he can look up the correct office at this link: link removed

 

Hope this helps.

 

avman

[RTalavera]

It does indeed help! Thank you so very much for the information. I have relayed it to my friend and he will be on it first thing on Monday morning. I'll let you know how it goes. BTW, I was able to get the office with the link you provided (he lives in Bronx County). You have been truly helpful and we appreciate the time you took for us. God bless you!

[Tif007]

Just surfing around with this, BUT if this person owes arrearages to the mother of the children - those will be deducted and paid to her until all the arrears are paid off. However, IF the state is taking this out his check - they have to be forwarding the money to her somewhere and they can give you that information (Legally you have the right to know). I know here in New Orleans, they like you to appear at the DA's Office to obtain the info, but I would go through all sources available. If she is collecting this money and shouldn't be - you can hold the DA's office repsonsible (they are the ones that collect the money). Good Luck to you!

 

SMILE - IT MAKES PEOPLE WONDER WHAT YOU'VE BEEN UP TOO.