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    Bobbi_2011's Avatar
    Bobbi_2011 Posts: 2, Reputation: 1
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    #1

    Nov 21, 2011, 07:19 PM
    When does it end?
    RE: New York State divorce. My adult son's child support payments put his two children through college who are now age 21. This meant working three jobs, leaving an afluent home (which he also paid for) while he is nearly destitute without a home. To add insult to injury, even though the kids have now graduated, he has to pay his ex-wife $48,000 in back child support payments (while she makes a six-figure income, owns two homes, drives the best cars - and yes, she has more than one. I could go on and on.
    My question: Is it possible for his ex-spouse and he to agree to amounts that vary from the amount of child support required by the "CSSA" guidelines and waive the back support payments? I understand she could choose to waive the provisions of The Child Support Standards Act as long as the waiver is in writing. If she refuses to cut him some slack, would he need to file a motion for this in family court? I'm wondering if anyone has been through this and what to expect. Does the State of New York stop deducting funds automatically when children reach 21 or does he have to go to court?
    My son adores his children and even though he was not given custody he chose to live nearby and has always been there for them. He has sacrificed much for his children, suffered long, difficult years of non-stop payments and deserves to be able move on and re-build his life. He estimates it will take another 4-5 years to finish paying her off. When does it end? Please let us know if there is a light at the end of the tunnel.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 21, 2011, 08:05 PM
    The support payments should stop at 21. If he is paying to an agency then he needs to let them know. As far as the arrears goes he and his ex can agree as to paid in full. The only caveat to that is if the state provided funding for the children then he would have to strike a bargin with the state. Welfare or other assistence.

    If nothing else he will be free in a few years time and then it will be a closed chapter in his life.
    Bobbi_2011's Avatar
    Bobbi_2011 Posts: 2, Reputation: 1
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    #3

    Nov 21, 2011, 08:22 PM
    Thank you for your prompt reply. I'll talk it over with him. Appreciate your kind words of encouragement.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Nov 21, 2011, 08:27 PM
    Quote Originally Posted by Bobbi_2011 View Post
    Thank you for your prompt reply. I'll talk it over with him. Appreciate your kind words of encouragement.
    Your welcome. And welcome to AMHD. Have a look around we have many great boards here.
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