Legal Question in Family Law in New York
Do states share information?
I live in MA with my daughter and her father lives in NY.
A child support order was issued in MA, but he refuses to give the Department of Revenue, or myself because he has an outstanding warrant for probation violation in MA. If the DOR receives his new address in NY, will they give it to the town where the warrant was issued, or will it happen automatically? If he tells me the address and I withhold it from the authorities, will that have an effect on me legally?
2 Answers from Attorneys
Re: Do states share information?
States do share information, but not well or consistently, and not usually by the DOR with the DA's office, unless the matter involves child support. If the warrant is for a felony, and if the DA's office finds out his new address, it is possible the DA's office will go after him. In my experience (33 years), it is unlikely. It is very unlikely anything could be done to you if you know the address and do not disclose it.
Your main concern is getting the child support, and he can do that directly instead of through DOR so that the arrears does not build up (except on DOR's books). He can use money orders, in a friend's name and/or address if needed. You should keep a record of his payments.
At some point, if he works using his name and/or social security number, he will be found, and if he doesn't, he will suffer when he retires, because he will have not paid in to social security. It's not worth it. He should make arrangements to return to MA and surrender on the warrant and face what he needs to.
Re: Do states share information?
Your question is too vague to answer or ascertain a clear understanding, in order to reply properly. The question I would ask you is, is the father willing to forward payments to you directly? And if so, does he owe the DOR any funds at this time? And, what does his warrant have to do with honoring his child support obligation? These are the questions I would pose to you if you telephoned me directly, please do not answer them online, as others will have privy to your answers. You are welcome to telephone me at 978-794-0695. In any event, please consider contacting an attorney whether it be me or someone else. Sincerely, Maria Murer