SYSTEM NOT FAIR -- I WENT TO COURT IN NEW YORK

[Hassan59]

I WENT TO COURT TODAY UP IN NEW YORK TO FILE A PETITION TO STOP THE COURTS FROM TAKING MONEY OUT OF MY PAY CHECK FOR CHILD SUPPORT BECAUSE I HAVE CUSTODY OF MY TWO CHILDREN WE LIVE IN PHILADELPHIA PA. THEY ASK ME DID I KNOW THE WHERE ABOUT OF THE MOTHER AND I TOLD THEM NO. I HAVE NO IDEA WHERE SHE IS LIVING. THEY TOLD ME THAT THEY WOULD SEND THE SUMMONS TO APPEAR AT HER LAST KNOWN ADDRESS. I TOLD THEM SHE DOES NOT LIVE THERE BECAUSE SHE WAS EVICTIVE. SO WHAT HAPPENS IF THEY CAN NOT FIND HER, WILL THE CHILD SUPPORT ORDER BE TERMINATED OR WILL THEY KEEP TAKING MONEY OUT OF MY CHECK AND GIVE IT TO HER WHEN SHE DOES NOT HAVE THE CHILDREN. WHAT CAN I DO TO STOP THIS. PLEASE HELP. ALSO I WOULD LIKE TO KNOW THAT IF AND WHEN THIS CASE GETS SLOVE DO I GET BACK THE MONEY THAT WAS GIVING TO HER ALTHOUGH SHE WAS NOT TAKING CARE OF MY CHILDREN JUST USING THE MONEY FOR HERSELF.

[AFFA]

I wish to inform you that child support deduction will stop when court passes such an order. In this regard you will have to file in court for modification of court order whereby now deduction from your salary must be stopped. In this if mother's address is not known then mail is sent to last known address. Further if no details of mother is available then substituted service may be done on the person. You may then have order for modification child support amount in your favor. After court passes order then deduction of amount will stop.

AFF

[Friend In Court]

In order to issue an order, modification or original, the other person needs to be served. It's essential to due process. I can understand how you feel, obligated to pay support when you have the children and the mother is who-knows-where.

Support goes from the date of the order and modification or cessation of support from the date of the order cancelling that obligation. What you could consider doing is documenting the file that the mother's whereabouts are unknown and you have custody and control of the children. That you would like support ceased.

This may not be an instant modification and you still have to find her for a modification, at least the court will be aware that she does not have the children as of the date you notified the court, is not entitled to support so the judge MAY make the modification order retroactive to the date the file was notified. At the very least since you cannot locate her, you cannot pay support to her. Set aside the amounts if you can, ask the court's direction by motion setting all the facts. The court may require you to deposit the support with the registry of the court, one possible outcome. Then when she is finally located and served, the court may just release the funds to you.

[grim509]

In the state of NY, the other person does NOT have to be present for a modification. All you have to do is show YOU have custody of the children, and you were not behind on support when she had custody. Any changes can go back to the date of the filing, not the date of the order.

You can indeed file using last known address. You can have the Sheriff serve the papers. (If she's no longer living there, the Sheriff will make note of it and mail you a copy of all the papers).

Best bet is to keep trying to find her. Try using www.peekyou.com to find her, or any people search engine on the web. You may end up having to pay about $10 to these sites for the full address if she's not listed. If you find her, she may have to pay back the amount you paid while the children were in your custody.