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NYS law question regarding arrears.

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  • NYS law question regarding arrears.

    If I am owed arrears in New York State, and am not on public assistance do I have the ability or the right to discharge all arrears? I was told by a hearing examiner that I am not able to do this. I dont understand the reasoning as the money will never be seen and I want no part of it anyway and would like to move on.

  • #2
    Re: NYS law question regarding arrears.

    ...owed by whom for what...

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    • #3
      Re: NYS law question regarding arrears.

      owed by my ex for child support. Money I will never see, nor have any interest in. We are civil with each other, and for 5 years he never missed a payment until he lost his job. The hearing examiner at the time we went for a downward mod did not grant him one. His arrears piled up as he tried to catch up but paying 200 a week on a 280 dollar a week job just doesnt make for any quality of life. he lost his home, and everything else and is trying to get his life back now.

      The system is flawed, and its a vicious cycle once you get far behind in your support. I was wondering if its within my rights to discharge support arrears, or settle for a lesser amount in NYS so everyone can go on with their lives.

      My child has a stepdad and I work and she has not a want in the world and we dont desire stifling another persons life because some guy who wants to be a judge someday decided that you should still pay the same amount of money when you are making 1/4 of what you were at the time of the order. Based on income potential or whatever. If he plays the lottery he has the potential to become a millionaire. Can I go back for a mod asking for 20,000 a month based on that?

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      • #4
        Re: NYS law question regarding arrears.

        Yes you two can agree to reduce it and have a judge sign off on the agreement.

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        • #5
          Re: NYS law question regarding arrears.

          I live in PA and did exactly what you are requesting to do. They can waive arrearages at your request. Call your domestic relations office and speak to someone about it. It took a little while for me to do because they are reluctant to do it, but explain the sitaution. They definitely need the request in writing. I don't think NYS would be any different

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          • #6
            Re: NYS law question regarding arrears.

            There are several ways that you can do this you two can agree to make a equal parenting time schedule giving you two equal amount of parenting time betwen you two and request no child support obligation for either party cause there is equal amount of parenting time..

            You can also file a Direct Payment form between you and your ex stating that he paid you in full the amount that he owed.. Have it notorized by a witness and send it to your local agency and then file a Child Custody Support Form stating that you two wish to no longer pay child support on either side and the judge hasto grant you that cause you two agree and filed according to the law..

            you can also just go down and file for a Child Support Change and agree to something like this I and my Ex agree that there should be no Child Support Obligation on Either Side the only thing we require is that he helps with School Supplies and Field Trips and Clothes and Medical and then you take that to your local Friend Of The Court Officer and tell them that you want to file that paper work unless she/ him can help you with this matter.. But my first thing That I would do is file that Direct Form first stating he paid you in full and get it notorized and file it will the courts and then file the paper work for Change of Child Support and once you do that they have to honor your request...Good Luck...

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