Should I just stop paying or petition to modify ????

On Jun 1, 9:15 am, Dragon's Girl wrote:
On May 31, 11:20 am, wrote:

I have been having health problems which has left me little energy to
take care of my situation but I must make a decision.

My daughter moved out of her mothers 8 months ago and I stopped paying
court ordered child support. I meant to petition for a downward
modification to zero but did not get around to it. My health has left
me unable to even continue working full time and everything in my life
is suffering from neglect.

My question is this: If I just continue not paying, will the burden of
proof be on me or my ex if she decides to go after me for the last 8
months?

I live in New York in case that affects things.

Thanks for any insight ..

Jerry


Betty Jean Hammon Wirsen wrote
Most courts will require you to pay until you file to modify.
On the other hand, your ex would be an idiot to try
and collect on what she isn't due.

She might be an idiot for trying to collect it, but
the courts are idotic enough to make him pay
anyway. If the daughter turned 18 and moved out
the child support agencies should stop collecting
child support anyway unless the girl is going to
college and the state expects you to pay child
support to the child in college. I guess what I'm
saying is that instead of ceasing the collection
of child support they might just shift WHERE
the child support goes, to child or her caretakers.

Betty wrote
I'd get the modification done post haste if I were you.

Immediately.

Should have been done immediately when your
income took a dive OR when the kid moved out.

I am not an attorney.

On Fri, 01 Jun 2007 23:19:54 -0000, Greegor
wrote:

On Jun 1, 9:15 am, Dragon's Girl wrote:
On May 31, 11:20 am, wrote:

I have been having health problems which has left me little energy to
take care of my situation but I must make a decision.

My daughter moved out of her mothers 8 months ago and I stopped paying
court ordered child support. I meant to petition for a downward
modification to zero but did not get around to it. My health has left
me unable to even continue working full time and everything in my life
is suffering from neglect.

My question is this: If I just continue not paying, will the burden of
proof be on me or my ex if she decides to go after me for the last 8
months?

I live in New York in case that affects things.

Thanks for any insight ..

Jerry


Betty Jean Hammon Wirsen wrote
Most courts will require you to pay until you file to modify.
On the other hand, your ex would be an idiot to try
and collect on what she isn't due.

She might be an idiot for trying to collect it, but
the courts are idotic enough to make him pay
anyway. If the daughter turned 18 and moved out
the child support agencies should stop collecting
child support anyway unless the girl is going to
college and the state expects you to pay child
support to the child in college. I guess what I'm
saying is that instead of ceasing the collection
of child support they might just shift WHERE
the child support goes, to child or her caretakers.

Betty wrote
I'd get the modification done post haste if I were you.

Immediately.

Should have been done immediately when your
income took a dive OR when the kid moved out.

Unfortunately, that is true. Have your attorney change the order asap
with a modification, then ask that it be amended to cover the back
period too.

But just because a child moves out doesn't necessarily mean that you
are allowed to reduce child support. There are tons of expenses that
continue or increase when a minor moves out on their own such as
health insurance, medical costs, dorm costs, food, clothing,....




I am not an attorney.

"Homer" wrote:
Should have been done immediately when your
income took a dive OR when the kid moved out.

Unfortunately, that is true. Have your attorney change
the order asap with a modification, then ask that it be
amended to cover the back period too.
But just because a child moves out doesn't necessarily
mean that you are allowed to reduce child support.
There are tons of expenses that continue or increase
when a minor moves out on their own such as health
insurance, medical costs, dorm costs, food, clothing,....

Damn-straight. Until the order is changed, each payment
missed is a vested property interest for which the OP can
be sued... The family court may or may not enforce its
payment thru contempt or garnishment, but it is collectable
like a debt. If the court releases OP from the arreages, he
should make a donation to his church; it will be a miracle.
=Rog'=

Greegor wrote:

Should have been done immediately when your
income took a dive OR when the kid moved out.

I am not an attorney.

True, true, but most of us don't walk around with an attorney on our
shoulders (be rather painful after a while).
You got to wonder why somebody in child support enforcement hasn't
thought, you know, maybe we should keep communication lines open with
non custodial parents so that when these rough patches occur, we don't
end up with large arrears that make it more likely for them to drop and
run rather than catch up.

"John Meyer" wrote:
You got to wonder why somebody in child support enforcement
hasn't thought, you know, maybe we should keep communication
lines open with non custodial parents so that when these rough
patches occur, we don't end up with large arrears that make it
more likely for them to drop and run rather than catch up.

In a perfect world, they'd at least operate like banks with C/S
reps to review accounts, but having so-called "deadbeats" to
chase is their job security, the more the better. They think that
with the tools in their arsenal -- suspension of DL's, threats of
jail, etc, NCP's ought to come begging with hat in hand. =R=

On Jun 1, 6:19 pm, Greegor wrote:
On Jun 1, 9:15 am, Dragon's Girl wrote:



On May 31, 11:20 am, wrote:
I have been having health problems which has left me little energy to
take care of my situation but I must make a decision.

My daughter moved out of her mothers 8 months ago and I stopped paying
court ordered child support. I meant to petition for a downward
modification to zero but did not get around to it. My health has left
me unable to even continue working full time and everything in my life
is suffering from neglect.

My question is this: If I just continue not paying, will the burden of
proof be on me or my ex if she decides to go after me for the last 8
months?

I live in New York in case that affects things.

Thanks for any insight ..

Jerry

Betty Jean Hammon Wirsen wrote

Most courts will require you to pay until you file to modify.
On the other hand, your ex would be an idiot to try
and collect on what she isn't due.

She might be an idiot for trying to collect it, but
the courts are idotic enough to make him pay
anyway. If the daughter turned 18 and moved out
the child support agencies should stop collecting
child support anyway unless the girl is going to
college and the state expects you to pay child
support to the child in college.

Every order I've ever seen for child support shows support past the
age of 18 if the child is still attending high school, and some show
support if the child is under 21 and in college, or disabled.
That's why one needs to get modification done if the child doesn't go
to college, isn't disabled, etc.
No one would know (read child support enforcement here) the situation
unless an order ending support is filed with the courts and CSE.

I guess what I'm
saying is that instead of ceasing the collection
of child support they might just shift WHERE
the child support goes, to child or her caretakers.

Betty wrote

I'd get the modification done post haste if I were you.

Immediately.

Should have been done immediately when your
income took a dive OR when the kid moved out.

I am not an attorney.

On Jun 1, 6:19 pm, Greegor wrote:
On Jun 1, 9:15 am, Dragon's Girl wrote:



On May 31, 11:20 am, wrote:
I have been having health problems which has left me little energy to
take care of my situation but I must make a decision.

My daughter moved out of her mothers 8 months ago and I stopped paying
court ordered child support. I meant to petition for a downward
modification to zero but did not get around to it. My health has left
me unable to even continue working full time and everything in my life
is suffering from neglect.

My question is this: If I just continue not paying, will the burden of
proof be on me or my ex if she decides to go after me for the last 8
months?

I live in New York in case that affects things.

Thanks for any insight ..

Jerry

Betty Jean Hammon Wirsen wrote

Most courts will require you to pay until you file to modify.
On the other hand, your ex would be an idiot to try
and collect on what she isn't due.

She might be an idiot for trying to collect it, but
the courts are idotic enough to make him pay
anyway. If the daughter turned 18 and moved out
the child support agencies should stop collecting
child support anyway unless the girl is going to
college and the state expects you to pay child
support to the child in college. I guess what I'm
saying is that instead of ceasing the collection
of child support they might just shift WHERE
the child support goes, to child or her caretakers.

Betty wrote

I'd get the modification done post haste if I were you.

Immediately.

Should have been done immediately when your
income took a dive OR when the kid moved out.

I am not an attorney.

Betty

this may not be the right place to addd but here it is

It would be nice if the court system worked that way. That is a pipe
dream in my case. I lost my job do to the DOT COM BOMB. I was still
order to pay 2k to her and 1.5k for my son. I'll pay for my son but
not her. I have doc's that show her saleing a home and making 350k and
her didn't have to show that income. (per the judge) it was all about
me. It has taken me 5 yrs to find out it is AGAINST FED. law to do
that. But guess what its to late for me. THEY WILL NOT GO BACK an
correct it in CA.

Rog' wrote:
"John Meyer" wrote:
You got to wonder why somebody in child support enforcement
hasn't thought, you know, maybe we should keep communication
lines open with non custodial parents so that when these rough
patches occur, we don't end up with large arrears that make it
more likely for them to drop and run rather than catch up.

In a perfect world, they'd at least operate like banks with C/S
reps to review accounts, but having so-called "deadbeats" to
chase is their job security, the more the better. They think that
with the tools in their arsenal -- suspension of DL's, threats of
jail, etc, NCP's ought to come begging with hat in hand. =R=

Or, maybe we should turn a few of their own tactics on them. How many
of these bureaucrats are running bills somewhere, for instance? Credit
card bills, car loans, things like that? I checked out one of the car
salesman and he didn't look like a eunich. Don't you think that money
might pay for some kid's braces somewhere.