I WANT NEW YORK TO STOP TAKING CHILD SUPPORT PAYMENTS OUT OF MY CHECK

[Hassan59]

I LIVE IN PHILADELPHIA PA AND I AM PAYING CHILD SUPPORT FOR TWO CHILDREN THAT WERE LIVING IN NEW YORK. THEY ARE NOW LIVING WITH ME AND I WANT NEW YORK TO STOP TAKING CHILD SUPPORT PAYMENTS OUT OF MY CHECK, SO I WROTE THEM A LETTER AND HAD IT NOTORIZE AN SENT TO THEM BUT I HAVE NOT GOTTEN BACK ANY RESPONES TO THE LETTER AND THEY ARE STILL TAKING MONEY OUT OF MY CHECK. DO I HAVE TO GO TO NEW YORK TO HAVE THEM STOP AND IF SO WHAT DO I NEED TO BRING WITH ME TO SHOW THAT I HAVE MY CHILDREN AND ONE LAST THING WILL THE MONEY THAT THEY WERE TAKING FROM MY CHECK WILL I GET THAT BACK FROM THE TIME I HAD MY CHILDREN.

[Friend In Court]

Support will continue until you make a motion in court to modify, have it ceased since the children are now living with you. Notarized letters just will not do it. Only a judge's decision, his order, will stop the support payments as it took a judge's order to institute them initially.

You will need to make a motion in the court that made the original order OR if the children have been living with you 6 months or more, you may begin a custody/support action in Pennsylvania. You will need to file a certified copy of the original NY custody/support decree in the UCCJA registry of the Philadelphia superior court. Then file a petition to modify custody/support/visitation reciting the original order, the facts that the child(ren) have been living with you in Philadelphia for [more than six months], Pennsylvania is now their home state and you wish jurisdiction to be in Pennsylvania for the case. The courts will then communicate between themselves as to which is the proper forum to hear the modification.

But until there is a judge's order terminating support, you are still obligated.