Child Support Modification petition, who do we file with?

[NCPhelp]

What is the name of your state? New York

I am curious. My husband's son will be turning 21 years old shortly and we were told to file a petition for Modification (Termination) of Support, 1 month prior to him turning 21.

What office do we file the petition with? Do we go to Family Court to file this petition or do we file it at the CSCU (Child Support Collection Unit) office? My husband's support is done by income execution so I am assuming a judge needs to sign off on the petition in order for the garnishments to be stopped.

Any help would be great.

Thanks,
NCPhelp

Yeah, finally a light at end of the tunnel

 

[Silverplum]

What is the name of your state? New York

I am curious. My husband's son will be turning 21 years old shortly and we were told to file a petition for Modification (Termination) of Support, 1 month prior to him turning 21.

What office do we file the petition with? Do we go to Family Court to file this petition or do we file it at the CSCU (Child Support Collection Unit) office? My husband's support is done by income execution so I am assuming a judge needs to sign off on the petition in order for the garnishments to be stopped.

Any help would be great.
Thanks,
NCPhelp
Yeah, finally a light at end of the tunnel

It's the court that made the court order, so it's the court that must approve the mod. Then you send the new signed court order terminating support to the CSCU, and, someday when they feel like it, they will stop the garnishment.

I'd do it a WHOLE LOT SOONER than merely 1 month before the 21st birthday.

 

[BL]

It's the court that made the court order, so it's the court that must approve the mod. Then you send the new signed court order terminating support to the CSCU, and, someday when they feel like it, they will stop the garnishment.

I'd do it a WHOLE LOT SOONER than merely 1 month before the 21st birthday.

A modification petition should be filed with the clerk of Family Court .

Both the other Parent and CSCU should be sent a copy of the Petition and the Court Date , by the Court's Clerk .

If the current order states child support will end at age 21 , also send a letter to CSCU reminding them of the fact with a copy of the current order .

The Unit has to put it in the sys . because billing is generated out of the Capital's Office .

 

[Silverplum]

A modification petition should be filed with the clerk of Family Court .

Both the other Parent and CSCU should be sent a copy of the Petition and the Court Date , by the Court's Clerk .

If the current order states child support will end at age 21 , also send a letter to CSCU reminding them of the fact with a copy of the current order .

The Unit has to put it in the sys . because billing is generated out of the Capital's Office .

Thanks BL -- you added a lot more info!

 

[NCPhelp]

so how long in advance should we do this??

New York. How long in advance should we do this? That is what we are afraid of, that the garnishment will continue to come out if we don't stay on top of this. She is not getting any more than is due to her. Will my husband actually have to appear in court to get this terminated. Don't they just look at the court order and see that he is turning 21 years old and terminate the order upon him turning 21 years of age? They were never married so there is nothing in a divorce decree, just a Child Support order.

He is current on his child support, so arrears are not an issue.

Thanks for all your help.

The light is getting closer.

 

[fairisfair]

New York. How long in advance should we do this? That is what we are afraid of, that the garnishment will continue to come out if we don't stay on top of this. She is not getting any more than is due to her. Will my husband actually have to appear in court to get this terminated. Don't they just look at the court order and see that he is turning 21 years old and terminate the order upon him turning 21 years of age? They were never married so there is nothing in a divorce decree, just a Child Support order.

He is current on his child support, so arrears are not an issue.

Thanks for all your help.

The light is getting closer.

Just a note, please remember SHE isn't the beneficiary of the child support, that would be junior

 

[NCPhelp]

yeah whatever!!!!

I understand that, but doesn't count for crap when she does not provide for her kids and only uses it for herself. She is a deadbeat and this kid has turned out that way too.

Thanks for nothing !!!!!!

Get off your high horse. People that come here just ask for help and I love how everyone thinks they know everything.

My husband is not a deadbeat dad. He has tried! Last time you will ever see me post here.

 

[stealth2]

I understand that, but doesn't count for crap when she does not provide for her kids and only uses it for herself. She is a deadbeat and this kid has turned out that way too.

Thanks for nothing !!!!!!

Get off your high horse. People that come here just ask for help and I love how everyone thinks they know everything.

My husband is not a deadbeat dad. He has tried! Last time you will ever see me post here.

Yeah. So the kid has walked around butt naked and starved all these years.

 

[GrowUp!]

I understand that, but doesn't count for crap when she does not provide for her kids and only uses it for herself. She is a deadbeat and this kid has turned out that way too.

Thanks for nothing !!!!!!

Get off your high horse. People that come here just ask for help and I love how everyone thinks they know everything.

My husband is not a deadbeat dad. He has tried! Last time you will ever see me post here.

Whhhaaaaaat? You won't be returning to post. Oh God No!!! What's next in this cruel world of ours?!?!?!?!?!!?

Clearly you missed the legal advice that was given to you after your initial response. Get some Raid and kill the bug that has taken up residence up your backside.

 

[fairisfair]

I understand that, but doesn't count for crap when she does not provide for her kids and only uses it for herself. She is a deadbeat and this kid has turned out that way too.

Thanks for nothing !!!!!!

Get off your high horse. People that come here just ask for help and I love how everyone thinks they know everything.

My husband is not a deadbeat dad. He has tried! Last time you will ever see me post here.

The only person here that called your husband a deadbeat, was YOU in refuting a statement that was never made. I am sure he would be thrilled to hear your opinion of his son, why not share it with him, instead of us.