Child Support Collection Unit

[jeanine]

What is the name of your state? NY

I'm confused by verbiage on paperwork we just received. Divorce/Supreme court ordered $100 per week in child support in 1997. This was not paid through the child support collection unit - it was paid via respondents employer through an income execution order. It came straight from his paycheck.

Petitioner recently filed paperwork to move the payments to the child support collection unit. This was approved today. Petitioner also asked for an increase in payment. This was denied.

However, the paperwork today says: A court order of support resulting from a proceeding commenced by this application/petition shall be reviewed by the support collection unit for susequent compliance with the child support standards act 36 months after such order is issued upon the request of any party to the order.

Does this mean petitioner must wait 3 years before filing for another increase request? I read it as since the payments are now as of today going through CSCU, petitioner would have to wait 3 years in order to modify. Correct?

 

[jeanine]

bumping up

 

[triviafreakdad]

What is the name of your state? NY

I'm confused by verbiage on paperwork we just received. Divorce/Supreme court ordered $100 per week in child support in 1997. This was not paid through the child support collection unit - it was paid via respondents employer through an income execution order. It came straight from his paycheck.

Petitioner recently filed paperwork to move the payments to the child support collection unit. This was approved today. Petitioner also asked for an increase in payment. This was denied.

However, the paperwork today says: A court order of support resulting from a proceeding commenced by this application/petition shall be reviewed by the support collection unit for susequent compliance with the child support standards act 36 months after such order is issued upon the request of any party to the order.

Does this mean petitioner must wait 3 years before filing for another increase request? I read it as since the payments are now as of today going through CSCU, petitioner would have to wait 3 years in order to modify. Correct?

No , you can request a modification at any time , the 36 months refers to the cost of living allowance review .

 

[Mediate]

Let's back up here a second. The advice TFD gave is misleading. In a way, yes you can "request" a modification. Whether or not you'll be denied (before the 36 months period has elapsed) is another. To be able to qualify for a modification, you most likely have to meet certain criteria or your request will be denied by the Child Support Agency. All of that should be listed within your state's statute/administrative laws. Perhaps contacting the agency and asking anything in writing outlining the laws is an option.
You can always file a modification through the court, but then again, there is no guarantee your motion for a mod will be granted. And that can cost you money -- and possibly the other party's attorneys fees.

 

[fairisfair]

https://newyorkchildsupport.com/child_support_services.html#modification