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New Jersey Stating Arrears I Live In New York

by "VIP MEMBER"..................
(New York)

I live in NY and I am the non custodial parent (Father)

Without any discussion from my ex wife I received a notice of Back Child Support around Thanksgiving of 2010 although I have been giving her money. This case has not previously been in the system. I as a responsible father who loves his son has him almost every weekend and gives the mother money for expenses and child care.

I have not been contacted by any agency in NY. I called NJ and asked them to call my ex wife to see if she would drop the case because we had never had any conversation about this. When I contacted NJ they said the case was originally filed in 2009 and until I brought this up with the ex wife around Christmas of 2010 she never said anything to me about the her filing...

Upon my second contact with NJ they say that they contacted her and she said she wants to move forward with the divorce stipulated amount and arrears.

NJ says they do not collect any money and that since I live in NY I have to go to court to get credit for what I feel I have paid since the divorce in 2008. Last week she stopped accepting the cash money I had been previously giving her.

What do I need to do to resolve this matter in NY. I would prefer not to be in the system but at the same time I do not want any further arrears to accrue. The woman I spoke to in NJ said that it seems as though my case has slipped through the cracks in NY because they have gone through the procedures on their end.




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New Jersey Stating Arrears I Live In New York

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Child Support Arrears "VIP Member"...........
by: Child Support America Team Member

Hello,

Lee here.

We have emailed you your Fast response and VIP info to your personal email address. Your questions have been forwarded to a child support specialist. Please expect a reply back within 72 hours via this thread.

CSA STAFF

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V.I.P. question
by: CSA STAFF

Hello and thank you for contacting us regarding your situation.

The first issue is that the case is now open and believe it or not it is better for you to pay through the child support system then to be giving her money. Here is why, those are considered just gifts. They are not counted towards any payments. NOW a judge MAY give you credit for the payments if you have receipts and or your wife is willing to admit that you were paying her directly. She could also agree to "waive" the back arrears because she knows that you have been paying her the money. However, it is a long shot and you will need to possibly obtain an attorney to see that portion through. I highly recommend you set up a free consult with an attorney and weigh your options. Otherwise you are falling into back support each month and that can lead to a whole mess of other problems unless you get it cleared up.

We understand that being in the "system" can be a pain however it is safer for you to pay this way then directly to the mother. You will need to go to court to get credit for the monies you have paid directly to her. Keep in mind you are NOT guaranteed to get credit for it. You should begin paying through the system monthly now. Contact the child support office and ask how to make the payments to them. Begin IMMEDIATELY! This will also help you when you do go to court for the back support. It shows good faith that you are doing the right thing.

We wish you well!
CSA Staff


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