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    kimluvjim's Avatar
    kimluvjim Posts: 1, Reputation: 1
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    #1

    Jul 25, 2009, 05:44 AM
    Child support arrears and child 19 now and out of school
    My stepson is 19 now and out of school. My husband's ex wife was supposed to be paying child support but has not paid in years. Now that she no longer has to pay can we still get the back due payments she owes us?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 25, 2009, 06:06 AM

    You (actually your husband) needs to go to court and enforce her to pay. I think it would have been better if you went before he turned 18 but I know many guys with adult kids that are still paying arrears. He should go asap
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 25, 2009, 06:08 AM

    If there is arrears you can continue to try and collect them.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 25, 2009, 09:57 AM

    What State? I see a problem here in some States if there was no attempt to collect support (despite a support order) when the child was underage (depending, of course, on the age of majority in your State) and now the child is of age and you are attempting to collect.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Jul 25, 2009, 09:59 AM
    Arrears are still due and payable. And be sure that the support order is actually expired. Not all states have a set age at which it automatically stops. Sometimes the NCP has to file a motion for emancipation before child support can be ended.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Jul 25, 2009, 12:29 PM
    Quote Originally Posted by JudyKayTee View Post
    What State? I see a problem here in some States if there was no attempt to collect support (despite a support order) when the child was underage (depending, of course, on the age of majority in your State) and now the child is of age and you are attempting to collect.
    Yep have to spread the rep that is why I said get on it asap.
    I know when I tried to go get support after my kids turned 18 they said it was too late but my case was a good bit different.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 25, 2009, 07:06 PM
    Quote Originally Posted by s_cianci View Post
    Arrears are still due and payable. And be sure that the support order is actually expired. Not all states have a set age at which it automatically stops. Sometimes the NCP has to file a motion for emancipation before child support can be ended.


    Please post the States where child support does not automatically end when the child becomes of age or under some other condition specified in the child support order.

    And you are incorrect in NYS (and every other State I have researched) - if the person does not pay child support there is a responsibility on the part of the non-custodial parent (for people not as legally educated as you are who may not KNOW what NCP means) to hold the non-paying parent in contempt. If you are to be believed, living mothers of middle age children could pursue old child support orders. I do agree that in some States there is a Statute - run out of Statute, you are out of gas in attempting to support the Order.

    Again - please post the site where you read that there are States where the parent must file a motion to emancipate.
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