QUESTION

My Ex mailed me a check for 3 years worth of child support. What are the legal ramifications if I cash the check?

Asked on Apr 14th, 2015 on Child Support - New York
More details to this question:
My Ex was declared unfit for his position with the City in another state last Fall and my boys and I haven't heard from him in 6 months as he has been paralyzed with depression. The amount he sent is only 1/3 of his total child support obligation until my children reach 18 however, due to the circumstances I am worried I will not receive anything ever again if I don't accept the check. What are the legal ramifications of accepting the check and would it be taxable to me?
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1 ANSWER

Divorce Attorney serving Garden City, NY
1 Award
Hi First, if you reside in NYS, the emancipation age is 21.  He cannot stop paying at 18. Second, you can accept the check, write "under protest" on it and cash it.  You can let him know that you are accepting the check, but that he must continue to pay you either from his disability payments or otherwise. Third, if he is considered disabled, and he is collecting disability through Social Security, you can apply under his Social Security number to receive support payments for your kids.  That would end when they turn 18 though.   I'm assuming you have an order requiring your ex to pay child support.   I would accept the monies but with the condition that this is nowhere near what he will be required to pay for the kids until they are each 21. No, child support is not a taxable event.  You do not pay tax on child support. I hope this helps.  
Answered on Apr 20th, 2015 at 12:21 PM

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