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MAINTENANCE OF CHILD SUPPORT RECORDS
MAINTENANCE OF CHILD SUPPORT RECORDS
My New York Divorce was effective Oct 4, 1984 and my ex had custody for approximately 34 months thereafter. The support order was vacated on Aug. 1, 1987 after I took custody (handicapped child). I never asked for support nor received any. My ex has seen the child about 8 times in all these years. My ex NOW (almost 20 years later) is claiming that she has never been paid support and has filed clam with a collections agency located in Texas! The child and I have always resided in New York. The mother resides in PA now as she has recently moved there from New Jersey. Question: How long do you have to maintain records of child support? Thank you in advance for any assistance you can provide..... George |
#2
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MAINTENANCE OF CHILD SUPPORT RECORDS
"Live Wire Cycles NY/LI" wrote in message
news MAINTENANCE OF CHILD SUPPORT RECORDS My New York Divorce was effective Oct 4, 1984 and my ex had custody for approximately 34 months thereafter. The support order was vacated on Aug. 1, 1987 after I took custody (handicapped child). I never asked for support nor received any. My ex has seen the child about 8 times in all these years. My ex NOW (almost 20 years later) is claiming that she has never been paid support and has filed clam with a collections agency located in Texas! The child and I have always resided in New York. The mother resides in PA now as she has recently moved there from New Jersey. Question: How long do you have to maintain records of child support? I always thought there was a time limit to collect past due child support, and that time limit expires when the youngest child turns 25. Therefore, in my opinion, it would be wise to save those records until the child turns 25. Tracy ~~~~~~~ http://www.hornschuch.net/tracy/ "You can't solve problems with the same type of thinking that created them." Albert Einstein *** spamguard in place! to email me: tracy at hornschuch dot net *** Thank you in advance for any assistance you can provide..... George |
#3
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MAINTENANCE OF CHILD SUPPORT RECORDS
"Tracy" wrote in message . net... "Live Wire Cycles NY/LI" wrote in message news MAINTENANCE OF CHILD SUPPORT RECORDS My New York Divorce was effective Oct 4, 1984 and my ex had custody for approximately 34 months thereafter. The support order was vacated on Aug. 1, 1987 after I took custody (handicapped child). I never asked for support nor received any. My ex has seen the child about 8 times in all these years. My ex NOW (almost 20 years later) is claiming that she has never been paid support and has filed clam with a collections agency located in Texas! The child and I have always resided in New York. The mother resides in PA now as she has recently moved there from New Jersey. Question: How long do you have to maintain records of child support? I always thought there was a time limit to collect past due child support, and that time limit expires when the youngest child turns 25. Therefore, in my opinion, it would be wise to save those records until the child turns 25. The statute of limitations for enforcing a CS order varies from state to state, AFAIK. In PA, for example, there *is* no statute of limitations... Tracy ~~~~~~~ http://www.hornschuch.net/tracy/ "You can't solve problems with the same type of thinking that created them." Albert Einstein *** spamguard in place! to email me: tracy at hornschuch dot net *** Thank you in advance for any assistance you can provide..... George |
#4
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MAINTENANCE OF CHILD SUPPORT RECORDS
__________________________________________________ ________
There has never been a judgment that I'm aware of and I would know. I monitor my credit reports and receive notices. This agency checked my credit report as an inquiry only. No judgments posted! I have not received a Notice of anything in writing either. Today I will check my Post Office Box for mail and see what is there. I believe that they must have had some pretty motivating documentation to go so far as to check my credit report in preparation of purging my accounts. My ex must believe that I have inherited a lot of money recently and the timing is not a coincidence by any means. The first inquiry was on the 14th of July. I received the phone call on July 24th and there was an additional inquiry for this date as well. I think these people want to stay one step ahead of anyone and who knows what they have done from another state while saying that they couldn't locate me! Well the situation is obviously about to backfire and I need to be careful as well. .. Who knows if they have a judgment, that couldn't be served because they claimed that they didn't know where I was. Until I know better, this was the rationalization to go for the credit report first. Additionally, they were advised that I needed a few weeks to respond so that I could get the necessary documents from the courts and they said that they would be patient during this time. I think this must have sounded like the magic words to them (because my failure to respond would result in a judgment). They could say that I was notified when I never was. I need to see what is in my Post Office Box today and check the date against the credit report. This doesn't appear to be very patient at all! Why would they withhold sending me the affidavit that they said that they had from my ex? The attitude and tone was very stern and legal sounding, as in they don't care about what has taken place all these years. They also brought to my attention that they had a limited power of attorney for my ex so that they could proceed without going to court as well. Sounds like I need to also have knowledge of Texas law too here in addition to PA. What it comes down to is what is in writing and that's it one would assume right? I think that it's more of a situation of, what they think that they can get away with is more like it and how can they cover it all up as to appear like they were acting well within their rights and with good faith. Time to establish that there is no good faith involved here whatsoever but I need to prove it in advance. The issue of disability was responded to as what does that have to do with this. Outright ruthlessness and I was intimidated. I was very nice on the phone and obviously ignorant of what was going on. Weak sounding. I want to maintain this posture in writing. I want to see what they think they can get away with. It's the Nice Guy Finishes Last Presentation which always let's you know the true nature of the matters. Now, I have different thought's, and I'm forming a strategy. Before I retain Legal Representation, I want to ask them in writing if they are encouraging me to do so! This way I have the right to recover my legal fee's later on! My response needs to be in the form of request for documentation, so as to re illicit the original "non-cooperative" exchange of documentation that was established during my first phone call. And my letter should not look intelligent and have weak form, while still conveying the proper messages. I want to see how ruthless these people are. One of the women that I communicated with was obviously gender biased while another was very nice. They must have all calls recorded as well. What is the law with respect to this in TX.? In New York it's legal to record a call without the knowledge of the other as long as you are a party to the call. My next thought brings me to the subject of Liquidated Damages for illegally accessing my credit report which will effect my credit score. Obviously, the issue with respect to the "Maintenance of Child Support Records" appears to be unanswerable at this point. I have spoken to a lawyer online last night about this and they didn't have an answer either but did add some food for thought. They would need a very good reason why they waited all these years to file a claim! Off to the Post Office, and let's see what surprises I have in store! Thank you for your input on these matters... __________________________________________________ __________________________ _____________ "Bob Whiteside" wrote in message thlink.net... "Live Wire Cycles NY/LI" wrote in message news MAINTENANCE OF CHILD SUPPORT RECORDS My New York Divorce was effective Oct 4, 1984 and my ex had custody for approximately 34 months thereafter. The support order was vacated on Aug. 1, 1987 after I took custody (handicapped child). I never asked for support nor received any. My ex has seen the child about 8 times in all these years. My ex NOW (almost 20 years later) is claiming that she has never been paid support and has filed clam with a collections agency located in Texas! The child and I have always resided in New York. The mother resides in PA now as she has recently moved there from New Jersey. Question: How long do you have to maintain records of child support? The best answer is until the money judgment against you for CS has been closed out and fully satisfied by the court where the CS order originated. In your case you have posted the original CS order was vacated by a subsequent order. You need to check with the original jurisdiction to comfirm the court closed out the money judgment against you. I would keep all CS payment records until the money judgment is finally closed and fully satisfied. Each state has a different statuate on how far back a CS obligee can go to claim arrearages. Most states are in the 7-10 year range after the child reaches emancipation, the age of majority, gets married, joins the military, etc. Money judgments accrue month-to-month until the final statuatory point named in the law and detailed in a CS order, then they run for an additional 7-10 years or until they are fuly satisfied. However the money judgment can be re-upped in increments of 7-10 years, depending on state law, when they are about to expire on the absence of the full satisfaction. From what you posted previously, it sounds like you have some solid paper work to back up the fact the CS order was vacated. What you need to do is confirm the NY court actually closed out the money judgment against you and, if not, ask them to close it based on the CS order being vacated back in 1987. |
#5
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MAINTENANCE OF CHILD SUPPORT RECORDS
Nothing received from this Agency whatsoever! Just got back from my Post
Office. Any comments would be appreciated. Thank you, George "Live Wire Cycles NY/LI" wrote in message ... __________________________________________________ ________ There has never been a judgment that I'm aware of and I would know. I monitor my credit reports and receive notices. This agency checked my credit report as an inquiry only. No judgments posted! I have not received a Notice of anything in writing either. Today I will check my Post Office Box for mail and see what is there. I believe that they must have had some pretty motivating documentation to go so far as to check my credit report in preparation of purging my accounts. My ex must believe that I have inherited a lot of money recently and the timing is not a coincidence by any means. The first inquiry was on the 14th of July. I received the phone call on July 24th and there was an additional inquiry for this date as well. I think these people want to stay one step ahead of anyone and who knows what they have done from another state while saying that they couldn't locate me! Well the situation is obviously about to backfire and I need to be careful as well. . Who knows if they have a judgment, that couldn't be served because they claimed that they didn't know where I was. Until I know better, this was the rationalization to go for the credit report first. Additionally, they were advised that I needed a few weeks to respond so that I could get the necessary documents from the courts and they said that they would be patient during this time. I think this must have sounded like the magic words to them (because my failure to respond would result in a judgment). They could say that I was notified when I never was. I need to see what is in my Post Office Box today and check the date against the credit report. This doesn't appear to be very patient at all! Why would they withhold sending me the affidavit that they said that they had from my ex? The attitude and tone was very stern and legal sounding, as in they don't care about what has taken place all these years. They also brought to my attention that they had a limited power of attorney for my ex so that they could proceed without going to court as well. Sounds like I need to also have knowledge of Texas law too here in addition to PA. What it comes down to is what is in writing and that's it one would assume right? I think that it's more of a situation of, what they think that they can get away with is more like it and how can they cover it all up as to appear like they were acting well within their rights and with good faith. Time to establish that there is no good faith involved here whatsoever but I need to prove it in advance. The issue of disability was responded to as what does that have to do with this. Outright ruthlessness and I was intimidated. I was very nice on the phone and obviously ignorant of what was going on. Weak sounding. I want to maintain this posture in writing. I want to see what they think they can get away with. It's the Nice Guy Finishes Last Presentation which always let's you know the true nature of the matters. Now, I have different thought's, and I'm forming a strategy. Before I retain Legal Representation, I want to ask them in writing if they are encouraging me to do so! This way I have the right to recover my legal fee's later on! My response needs to be in the form of request for documentation, so as to re illicit the original "non-cooperative" exchange of documentation that was established during my first phone call. And my letter should not look intelligent and have weak form, while still conveying the proper messages. I want to see how ruthless these people are. One of the women that I communicated with was obviously gender biased while another was very nice. They must have all calls recorded as well. What is the law with respect to this in TX.? In New York it's legal to record a call without the knowledge of the other as long as you are a party to the call. My next thought brings me to the subject of Liquidated Damages for illegally accessing my credit report which will effect my credit score. Obviously, the issue with respect to the "Maintenance of Child Support Records" appears to be unanswerable at this point. I have spoken to a lawyer online last night about this and they didn't have an answer either but did add some food for thought. They would need a very good reason why they waited all these years to file a claim! Off to the Post Office, and let's see what surprises I have in store! Thank you for your input on these matters... __________________________________________________ __________________________ _____________ "Bob Whiteside" wrote in message thlink.net... "Live Wire Cycles NY/LI" wrote in message news MAINTENANCE OF CHILD SUPPORT RECORDS My New York Divorce was effective Oct 4, 1984 and my ex had custody for approximately 34 months thereafter. The support order was vacated on Aug. 1, 1987 after I took custody (handicapped child). I never asked for support nor received any. My ex has seen the child about 8 times in all these years. My ex NOW (almost 20 years later) is claiming that she has never been paid support and has filed clam with a collections agency located in Texas! The child and I have always resided in New York. The mother resides in PA now as she has recently moved there from New Jersey. Question: How long do you have to maintain records of child support? The best answer is until the money judgment against you for CS has been closed out and fully satisfied by the court where the CS order originated. In your case you have posted the original CS order was vacated by a subsequent order. You need to check with the original jurisdiction to comfirm the court closed out the money judgment against you. I would keep all CS payment records until the money judgment is finally closed and fully satisfied. Each state has a different statuate on how far back a CS obligee can go to claim arrearages. Most states are in the 7-10 year range after the child reaches emancipation, the age of majority, gets married, joins the military, etc. Money judgments accrue month-to-month until the final statuatory point named in the law and detailed in a CS order, then they run for an additional 7-10 years or until they are fuly satisfied. However the money judgment can be re-upped in increments of 7-10 years, depending on state law, when they are about to expire on the absence of the full satisfaction. From what you posted previously, it sounds like you have some solid paper work to back up the fact the CS order was vacated. What you need to do is confirm the NY court actually closed out the money judgment against you and, if not, ask them to close it based on the CS order being vacated back in 1987. |
#6
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MAINTENANCE OF CHILD SUPPORT RECORDS
"Live Wire Cycles NY/LI" wrote in message ... Nothing received from this Agency whatsoever! Just got back from my Post Office. Any comments would be appreciated. Thank you, George === George, Did you read my post about support for disabled children? === === |
#7
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MAINTENANCE OF CHILD SUPPORT RECORDS
"Live Wire Cycles NY/LI" wrote in message ... __________________________________________________ ________ There has never been a judgment that I'm aware of and I would know. I monitor my credit reports and receive notices. This agency checked my credit report as an inquiry only. No judgments posted! That's good, but it still worth the effort to check on the status of your CS judgment from the original order at the courthouse. Every CS order has a money judgment associated with it. The judgment is a legal filing that formally records the judgment creditor and judgment debtor, stipulates the amount accruing, and the effective date. Most jurisdictions use words like "Unsatisfied," "Superceded," and "Satisfied" to indicate a money judgment's status. Unsatisfied means it is still open and the meter is still running. Superceded means a later order was issued and the newest order has become unsatisfied. And satisfied means the order has been closed out. I am suggesting you check the case register to insure the money judgment has been satisfied, and the case status shows satisfied and closed. (Mistakes occur and the court clerks don't always do their jobs right.) An easy way to do this task is to send an email to the local DA's Family Law office and ask them to send you a copy of the court records to confirm you case is closed. |
#8
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MAINTENANCE OF CHILD SUPPORT RECORDS
"Live Wire Cycles NY/LI" wrote in message ... No I didn;t see it Gini... Where is it? == I just forwarded it to you via email--Hope your address works! == == "gini52" wrote in message ... === George, Did you read my post about support for disabled children? === === |
#9
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MAINTENANCE OF CHILD SUPPORT RECORDS
On Mon, 28 Jul 2003 04:10:11 GMT, "Live Wire Cycles NY/LI"
wrote: MAINTENANCE OF CHILD SUPPORT RECORDS My New York Divorce was effective Oct 4, 1984 and my ex had custody for approximately 34 months thereafter. The support order was vacated on Aug. 1, 1987 after I took custody (handicapped child). I never asked for support nor received any. My ex has seen the child about 8 times in all these years. My ex NOW (almost 20 years later) is claiming that she has never been paid support and has filed clam with a collections agency located in Texas! The child and I have always resided in New York. The mother resides in PA now as she has recently moved there from New Jersey. Question: How long do you have to maintain records of child support? Thank you in advance for any assistance you can provide..... George This is an easy one. First, the burden of proof is on her to prove she received no support. Second, as soon as they make any kind of formal claim against you, counterclaim for all the support *she* didn't pay for all those years. Parents' duty to support their children exists independent of any statute or judgment. That's even in Blackstone. Dig deep enough and you should be able to find caselaw supporting this in every state. Third, jurisdiction should remain with the original court ... or in the state where the child now resides. Since the child is now an adult, some creative legal research could probably prove mom has no standing now to sue for support for the child. Absent a defined statute of limitations, she's also going to find a trouble with laches (sat on her rights too long and it's now therefore as stale claim). Good luck. Layne |
#10
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MAINTENANCE OF CHILD SUPPORT RECORDS
"Layne Barlow" wrote in message ... On Mon, 28 Jul 2003 04:10:11 GMT, "Live Wire Cycles NY/LI" wrote: MAINTENANCE OF CHILD SUPPORT RECORDS My New York Divorce was effective Oct 4, 1984 and my ex had custody for approximately 34 months thereafter. The support order was vacated on Aug. 1, 1987 after I took custody (handicapped child). I never asked for support nor received any. My ex has seen the child about 8 times in all these years. My ex NOW (almost 20 years later) is claiming that she has never been paid support and has filed clam with a collections agency located in Texas! The child and I have always resided in New York. The mother resides in PA now as she has recently moved there from New Jersey. Question: How long do you have to maintain records of child support? Thank you in advance for any assistance you can provide..... George This is an easy one. First, the burden of proof is on her to prove she received no support. == Untrue. All she needs to do is sign an affidavit of no support. The burdon is then on the other parent to prove support was paid. Layne's post has many more inaccuracies but Moonshyne has addressed them well so I won't duplicate her response. == == |
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