You helped me out with some NYS child support
issues a couple of years ago and I had good outcome (filed an Objection Pro Se
Now I have new issue regarding NYS child support:
My support order requires me to pay $425 a month, as of August 2009. My two daughters, twins, become emanicipated in December of this year when they turn 21, meaning that as of now, I have a remaining $2975 to pay.
Sometimes I have had extra money, and I sent some of it to my ex-wife and kids when I did. For the past 2 years or so, I have been sending anywhere from $200 to $400 EXTRA - in addition to the required $425 a month. I do this for the sake of my kids. I have never stipulated that these extra payments were on account etc, I simply wrote on the check, which included the additional amount in one lump sum (for example $800), the month that the payment was for: 9/2012... etc. The extra money I have paid over this period FAR EXCEEDS my remaining $2975 obligation. Neither I nor my ex-wife ever spoke about this extra money - I sent it, and she took it, no questions asked - that's all. Now, however, money is very tight for me.
My question is: Can I now tell my ex-wife that I have overpaid in the past, and will now terminate sending support before December, since the extra money I have sent already covers my remaining obligation of $2975? (In addition, I have reason to believe that my daughters are indeed emancipated already, but she never informed of such - but I understand that is a seperate issue).