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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Hello - You helped me out with some NYS child support issues

This answer was rated:

Hello -

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 and prevailed).

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).

Thank you for your question. Please permit me to assist you this afternoon.

I am glad to hear that you prevailed in the past. Hopefully this time the situation will again be in your favor.

Generally speaking overpaying without first stating why is not grounds to underpay later. Child support payments are what the state deems are the bare minimum of what you are obligated to provide. As a consequence if you choose to overpay, and the other party either did not request it or did not agree to specific conditions for the funds, it is not considered as going toward your future obligations. While you can speak with your ex and ask her to agree that you overpaid, and that you now wish for those funds to be credited back to you, she is under no legal obligation to do so. What you may try to do is get her to admit in writing that she received overpayments as 'credits' and then arguably you can claim that you paid ahead. But at least in this case the other person has a stronger argument for continued payments than you would in stopping the payments to her.

Hope that helps.

Customer: replied 4 years ago.

OK - understood.


Thank you.


You are most welcome and good luck to you. Please let me know how else I can assist. Otherwise, if satisfied with my service, please do not forget to positively rate my answers to you so that I may obtain credit. Thank you!


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