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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38303
Experience:  I provide family and divorce law advice to my clients in my firm.
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Child Support payment Statute of Limitations for New York

Resolved Question:

Child Support payment Statute of Limitations for New York State
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

Is this to pursue arrears or to pursue child support?
Customer: replied 3 years ago.

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?

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your patience and sorry for the delay.

In New York, Statute of Limitations in Civil Law and Practice Rules (CPLR) s213(2) governs the statutory limitations to pursuit of child support as 6 years. What you found is absolutely correct, as the statutory period has run out and they really cannot pursue you for the funds. Enforcement DID run out so long as you made no payments, which it appears that you have not.

You are being served most likely in hopes that you fail to answer and bring up this affirmative defense, they get a default judgment against you, and attempt to collect. Your sole obligation here is to respond back via an "Answer", assert your legitimate defenses to non-payment, and fight off this illegitimate petition. So no, I do not see you have any obligation, financial or otherwise.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/23/2011 at 6:34 AM EST
Customer: replied 3 years ago.

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 ??

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

When were you actually served with the forms?

Customer: replied 3 years ago.

The summons was dated Feb 14, 2011. I recieved a copy via email today from my wife in Florida..

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Time is running a bit short--I would suggest you consider retaining a New York attorney to help you file an answer and have this be dismissed. If you wish to do this without an attorney, file for a continuance first requesting that you return from the other country and also that you are seeking counsel (that should get you a week or two to research the Answer). Then, when you file, make sure to file an Answer based on dismissal on grounds that the debt alleged is governed under the statute above and that you are raising the affirmative defense to claim that it is beyond the scope of collections. You will most likely have to hit a local law library to get a copy of the template that you will need to use when you file the Answer. Also, you can add to the Answer that you prefer a phone conference takes place, but that is up to you.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/23/2011 at 7:03 AM EST
Customer: replied 3 years ago.

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

Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome.

"Answer to [NAME OF SUMMONS]" is sufficient as the correct name. So, in your case, "Answer to Summons for Violation of Support Order" is suffcient.

Edited by Dimitry Alexander Kaplun on 2/23/2011 at 7:17 AM EST
Customer: replied 3 years ago.

thank-you Dimitry.

Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome. Happy to have helped!

If you found my information useful, kindly press the green "accept" button so I can be compensated for my assistance. Thank you!

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38303
Experience: I provide family and divorce law advice to my clients in my firm.
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