Legal Question in Family Law in New York
My daughter has lived with me since 10/6/2010. I have filed for a hearing to terminate support payments. My hearing date is 12/8/2010. I asked my ex to call support services and inform them of a change of situation so they can stop my responsibility of payments. She refuses. Isn't that fraud? How can I have my support payments stopped until the decision at my hearing. Neither the Queens Family Court nor Support Services can help me. They are taking my support monies plus arrears money and my ex is not entitled to it.
1 Answer from Attorneys
It is not fraud. Fraud is the taking of something through false action or subterfuge. Your ex has a valid court order. Until that court order is changed or overturned the order stands. Therefore, until the court rules on or after your next court date, you will pay the child support and the arrears. Please be advised that even of you get the order changed, you will not get the over-payments or arrears back. Arrears are absolute, if you owed arrears then that will not change since you have the child. You have only had the child for one month. That will not be very persuasive on the court.
You should consider bringing an attorney to court to argue for you. Just a suggestion.
Joel R. Salinger
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