QUESTION

Ex-wife suing for back child support

Asked on Dec 12th, 2013 on Child Support - New York
More details to this question:
I was paying child support through the court until 2008. My ex-wife wrote a letter to the court saying that I had paid all the back support i owed and that going forward we would arrange for child support to be handled outside of court. Since then I've been paying cash to either her or the children. My son stopped seeing me a year ago, my daughter is now over 21 years old. I went back to court to request visitation for my son, and to put myself back on child support as my ex-wife was threatening that she would do that regardless of the fact that I had been paying. I just received papers from her for a court date for child support for the period that i was paying outside of court.
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1 ANSWER

Child support arrears typically run from the date the petition is filed. If your ex withdrew or settled her prior case and there was no order for support, she may have a hard time showing she deserves arrears to that date. Make sure you have all your documentation that you paid (if it was cash, you need to show as much as possible communications evidencing you paid). File a modification to suspend support because of lack of access. 
Answered on Dec 23rd, 2013 at 6:02 PM

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