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PapaJoe1212 · May 16, 2011, 02:49 AM

I have been divorced and paying C/S for almost 20 years. I am paying for two children. One is currently 23 and another will be 21 in Apr 2012. I did not go in for modification when oldest turned 21 as the amount was manageable and the custodial parent needed the money to help raise my children. This is all taking place in the great state of NY

Neither of the kids are attending college and don't live at home so once my second turns 21 I don't feel obligated to pay the mother. If later on or during they need assistance I want to do it on my own terms.

My Question-does the need for payment automatically stop or do I need to petition the court. I live on the other side of the country so would I need to pay a lawyer outlandish fees to stop making the payments?

PapaJoe

ScottGem · May 16, 2011, 03:50 AM

How are you making payments? Are you sending a check to the mother or is your pay being garnished?

What does your support order say about when support ends. In NYS support ends at 21. Though the support order may extend that if the child is still in school. If you are making payments through your pay or to an agency you cannot stop payments without going back to court for a stop order. So wee need more info.

PapaJoe1212 · May 16, 2011, 04:49 AM

Originally Posted by ScottGem

How are you making payments? Are you sending a check to the mother or is your pay being garnished?

What does your support order say about when support ends. In NYS support ends at 21. Though the support order may extend that if the child is still in school. If you are making payments through your pay or to an agency you cannot stop payments without going back to court for a stop order. So wee need more info.

I am paying though my employment to NY Child Support agency. The kids are not and will not be in school.

ScottGem · May 16, 2011, 05:08 AM

Check with the agency and see what documentation they need to stop the garnishment. You may need to go back to court for a cease order.

Generally such agencies need the parent paying support to be proactive in getting support stopped when the orders expire. Shouldn't be that way, but it is.

AK lawyer · May 16, 2011, 05:11 AM

Originally Posted by PapaJoe1212

I am paying though my employment to NY Child Support agency. The kids are not and will not be in school.

That didn't completely answer the question. Has your employer been ordered to deduct this from your pay and remit it to the CSA, or is it being done pursuant to instructions recevied by you? If it is your voluntary instruction, simply tell them to stop doing it.

If it's some sort of an order, that order should specify when the payments are to stop. If it doesn't, you will have to contact the agency, point out to them that the children are grown and not in school, and request that the witholding stop. They may or may not require a court order to do that.

JudyKayTee · May 16, 2011, 05:52 AM

If the collection arm of NYS has stepped in I'm not entirely sure there aren't arrearages.

I'm also in NY. The way to STOP the deduction for child support is to provide the Order which addresses child support to the collection agency. If that Order does NOT address when support stops then, yes, you need an Order to replace it, an Order which gives an ending date.

I'm also in NY.