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Back in March 1973 I went to NY State Family Court for child support. I fought that accuaction viemently because I believed it was someone elces child (who went to Viet Nam and returned 4 yrs later). With virtually no real evidence other than the girls word, I was ordered by NY State Family Court to pay $50/mo for child support plus birthing costs. I was in High School, had no job, had no money and paid nothing.
I have not heard anything concerning the matter for the last 38 years; untill last month. I received a Summons to go to a hearing in NY for 'Violation of Support Order'. I live in Florida but I am currently in British Columbia looking for work and the hearing is in 2 weeks.
I have found the following on NY Statute of limitation (Child Support):
In New York, child support arrears enforcement is limited to 20 years from date of default in payment regardless of whether or not the past due has been reduced to a judgment for support orders entered after 8/7/1987, 6 years for default in payment on orders entered on or before 8/7/1987, and 20 years for all defaults in payment which have been granted as a money judgment.
Based upon my math the child reached 21 in 1994 and support would normally stop then.
The above indicates that defaults in payments on orders made before 1987 (mine order was dated March 1973) run out in 6 years.
Did enforcement expire 6 years after the child reached 21; year 2000?
Why am I being served if the statute has expired??
What is my obligation?? Financially?? and to notify NY concerning my travel?
Dimitry - Thankyou for that explination.
But How do I 'answer' the summons. They want me to appear in court in NY on March 3rd.
Do I answer with a motion to dismiss or
a request for a phone hearing or
a continuance or
just a letter to the judge explainning the issue... or to the court ??
The summons was dated Feb 14, 2011. I recieved a copy via email today from my wife in Florida..
Thank you. What is the legal name for the 'answer' that I would provide? after I provide the motion for a continuance and request for a phone conference? Thanks
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