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Is money held by the state when a petition to stop child support is ongoing?

Troy, NY |

I recently filed a Modification of Support to stop my child support payments back in September. My ex wife no-showed the first court date, demanded an interpreter for the 2nd and is now asking for a lawyer after the 3rd. I have never had an issue paying my support, but my daughter has moved out on her own and is living her own life. According to the magistrate he will be ruling 1 way or the other no matter what in April. Has that money been going to my ex wife this whole time or has it been being held since I filed to have my payments stopped? Thanks for any possible answers.

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Attorney answers 2

Posted

That money has been going to your ex. You need to make a motion to have the support suspended pending a hearing. If the support magistrate eventually rues that your support should have been terminated in September, you are going to have a difficult time getting those funds back from your ex. Under some circumstances, the court will not give you a retroactive credit for that support overpayment.

Posted

If the support magistrate hasn't suspended your payments or issued an order asked the SCU to hold your payments pending an outcome on your petition, then the mother is getting the payments. Once she gets the payments, if you prevail, she will owe you that money back. At that point, if she is working, you can ask that her wages be garnished until you ate reimbursed. Send a letter to the Support Magstrate asking that payments be suspended or make a motion to that effect.