Legal Question in Family Law in New York

child support and credit problem

I was divorced in 3/04. my ex did not change her gas and electric bill out of my name. So I had to call rge in 11/04 and had it changed. The gas and electric bill was in my name from her house. She has refused to pay even when I have given her the bill for her home. Now a collection agency is after me for the bill. Does she have to pay this bill? What legal action can I take against her for causing the collection agency problem-Sue her? If a child at 18 years old and refuses legitimate rules of conduct by not working and stealing from the home with his mother and causing undue and unneeded distress to his sisters. This child also is getting caught drinking and posessing illegal drugs at age 18 years old. Can I stop paying child support and if so how would I proceed in court?


Asked on 2/02/05, 8:38 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: child support and credit problem

There are several questions here, each of which indicate that you feel undervalued and victimized.

First, the gas and heating payments benefitted her and spo she owes you the money. If the gas company sues, join her as a defendant. If they do not sue, then you may be required to sue her.

Any judgment you get may not be used as a deduction from child support, but may be used a adeduction from maintenance. (Support is not the property of your ex, only the child. the ex has control of the money.)

Second, check your divorce decree. If it does not require you to pay support past 18, then you may cease payments.

If it does require support after 18, there may be conditions attached.

If there are no conditions, then you may cease payments and put the money in a separate bank account and then petition the court to end the payments because they do not benefit the child. (It subsidizes illegal behavior - drugs, etc.)

You will likely win even at Family Court.

Good luck.

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Answered on 2/02/05, 2:02 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: child support and credit problem

Usually the person named on utility bills, is the only person who has the right to terminate the "service billing." So, YOUR failure to notify the company earlier, will probably work against you, unless the billing to your name, was never known to you, and began AFTER your divorce.

Please be advised that you SHOULD NOT UNILATERLY, terminate child support for your 18 year old. The Courts do not look kindly on that kind of "self help." Because, YOU have an affirmative obligation to Petition for Modification or Termination of Child Support, if you believe a "change of circumstance" exists that would warrant modification or termination of the support.

However, if you are not the custodial parent, you will probably be wasting your time. Unless you can prove, with substanial evidence, that your child is emancipated, entirely self supporting and not dependent upon the support of the custodial parent, the Court is unlikely to terminate your child support, before the age of majority, which in NY, is 21.

Good luck,

Phroska L. McAlister,ESQ

Good luck,

Phroska L. McAlister,ESQ

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Answered on 2/03/05, 11:44 pm


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