MAINTENANCE OF CHILD SUPPORT RECORDS

MAINTENANCE OF CHILD SUPPORT RECORDS

My New York Divorce was effective Oct 4, 1984 and my ex had custody for
approximately 34 months thereafter. The support order was vacated on Aug. 1,
1987 after I took custody (handicapped child). I never asked for support nor
received any. My ex has seen the child about 8 times in all these years. My
ex NOW (almost 20 years later) is claiming that she has never been paid
support and has filed clam with a collections agency located in Texas! The
child and I have always resided in New York. The mother resides in PA now as
she has recently moved there from New Jersey.

Question: How long do you have to maintain records of child support?

Thank you in advance for any assistance you can provide.....

George

"Live Wire Cycles NY/LI" wrote in message
news
MAINTENANCE OF CHILD SUPPORT RECORDS

My New York Divorce was effective Oct 4, 1984 and my ex had custody for
approximately 34 months thereafter. The support order was vacated on Aug.
1,
1987 after I took custody (handicapped child). I never asked for support
nor
received any. My ex has seen the child about 8 times in all these years.
My
ex NOW (almost 20 years later) is claiming that she has never been paid
support and has filed clam with a collections agency located in Texas! The
child and I have always resided in New York. The mother resides in PA now
as
she has recently moved there from New Jersey.

Question: How long do you have to maintain records of child support?


I always thought there was a time limit to collect past due child support,
and that time limit expires when the youngest child turns 25. Therefore, in
my opinion, it would be wise to save those records until the child turns 25.


Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***



Thank you in advance for any assistance you can provide.....

George

"Tracy" wrote in message
. net...
"Live Wire Cycles NY/LI" wrote in message
news
MAINTENANCE OF CHILD SUPPORT RECORDS

My New York Divorce was effective Oct 4, 1984 and my ex had custody for
approximately 34 months thereafter. The support order was vacated on Aug.
1,
1987 after I took custody (handicapped child). I never asked for support
nor
received any. My ex has seen the child about 8 times in all these years.
My
ex NOW (almost 20 years later) is claiming that she has never been paid
support and has filed clam with a collections agency located in Texas! The
child and I have always resided in New York. The mother resides in PA now
as
she has recently moved there from New Jersey.

Question: How long do you have to maintain records of child support?


I always thought there was a time limit to collect past due child support,
and that time limit expires when the youngest child turns 25. Therefore, in
my opinion, it would be wise to save those records until the child turns 25.

The statute of limitations for enforcing a CS order varies from state to state,
AFAIK. In PA, for example, there *is* no statute of limitations...




Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***



Thank you in advance for any assistance you can provide.....

George

__________________________________________________ ________
There has never been a judgment that I'm aware of and I would know. I
monitor my credit reports and receive notices. This agency checked my credit
report as an inquiry only. No judgments posted! I have not received a Notice
of anything in writing either. Today I will check my Post Office Box for
mail and see what is there. I believe that they must have had some pretty
motivating documentation to go so far as to check my credit report in
preparation of purging my accounts. My ex must believe that I have inherited
a lot of money recently and the timing is not a coincidence by any means.
The first inquiry was on the 14th of July. I received the phone call on July
24th and there was an additional inquiry for this date as well. I think
these people want to stay one step ahead of anyone and who knows what they
have done from another state while saying that they couldn't locate me!
Well the situation is obviously about to backfire and I need to be careful
as well.
.. Who knows if they have a judgment, that couldn't be served because they
claimed that they didn't know where I was. Until I know better, this was the
rationalization to go for the credit report first. Additionally, they were
advised that I needed a few weeks to respond so that I could get the
necessary documents from the courts and they said that they would be patient
during this time. I think this must have sounded like the magic words to
them (because my failure to respond would result in a judgment). They could
say that I was notified when I never was.
I need to see what is in my Post Office Box today and check the date
against the credit report. This doesn't appear to be very patient at all!
Why would they withhold sending me the affidavit that they said that they
had from my ex? The attitude and tone was very stern and legal sounding, as
in they don't care about what has taken place all these years. They also
brought to my attention that they had a limited power of attorney for my ex
so that they could proceed without going to court as well. Sounds like I
need to also have knowledge of Texas law too here in addition to PA.
What it comes down to is what is in writing and that's it one would
assume right? I think that it's more of a situation of, what they think that
they can get away with is more like it and how can they cover it all up as
to appear like they were acting well within their rights and with good
faith. Time to establish that there is no good faith involved here
whatsoever but I need to prove it in advance.
The issue of disability was responded to as what does that have to do
with this. Outright ruthlessness and I was intimidated. I was very nice on
the phone and obviously ignorant of what was going on. Weak sounding. I want
to maintain this posture in writing. I want to see what they think they can
get away with. It's the Nice Guy Finishes Last Presentation which always
let's you know the true nature of the matters.
Now, I have different thought's, and I'm forming a strategy.
Before I retain Legal Representation, I want to ask them in writing if
they are encouraging me to do so! This way I have the right to recover my
legal fee's later on! My response needs to be in the form of request for
documentation, so as to re illicit the original "non-cooperative" exchange
of documentation that was established during my first phone call. And my
letter should not look intelligent and have weak form, while still conveying
the proper messages. I want to see how ruthless these people are. One of the
women that I communicated with was obviously gender biased while another was
very nice. They must have all calls recorded as well. What is the law with
respect to this in TX.? In New York it's legal to record a call without the
knowledge of the other as long as you are a party to the call.

My next thought brings me to the subject of Liquidated Damages for
illegally accessing my credit report which will effect my credit score.

Obviously, the issue with respect to the "Maintenance of Child Support
Records" appears to be unanswerable at this point. I have spoken to a lawyer
online last night about this and they didn't have an answer either but did
add some food for thought. They would need a very good reason why they
waited all these years to file a claim!

Off to the Post Office, and let's see what surprises I have in store!

Thank you for your input on these matters...

__________________________________________________ __________________________
_____________




"Bob Whiteside" wrote in message
thlink.net...

"Live Wire Cycles NY/LI" wrote in message
news
MAINTENANCE OF CHILD SUPPORT RECORDS

My New York Divorce was effective Oct 4, 1984 and my ex had custody for
approximately 34 months thereafter. The support order was vacated on
Aug.
1,
1987 after I took custody (handicapped child). I never asked for support
nor
received any. My ex has seen the child about 8 times in all these years.
My
ex NOW (almost 20 years later) is claiming that she has never been paid
support and has filed clam with a collections agency located in Texas!
The
child and I have always resided in New York. The mother resides in PA
now
as
she has recently moved there from New Jersey.

Question: How long do you have to maintain records of child support?

The best answer is until the money judgment against you for CS has been
closed out and fully satisfied by the court where the CS order originated.
In your case you have posted the original CS order was vacated by a
subsequent order. You need to check with the original jurisdiction to
comfirm the court closed out the money judgment against you. I would keep
all CS payment records until the money judgment is finally closed and
fully
satisfied.

Each state has a different statuate on how far back a CS obligee can go to
claim arrearages. Most states are in the 7-10 year range after the child
reaches emancipation, the age of majority, gets married, joins the
military,
etc. Money judgments accrue month-to-month until the final statuatory
point
named in the law and detailed in a CS order, then they run for an
additional
7-10 years or until they are fuly satisfied. However the money judgment
can
be re-upped in increments of 7-10 years, depending on state law, when they
are about to expire on the absence of the full satisfaction.

From what you posted previously, it sounds like you have some solid paper
work to back up the fact the CS order was vacated. What you need to do is
confirm the NY court actually closed out the money judgment against you
and,
if not, ask them to close it based on the CS order being vacated back in
1987.

Nothing received from this Agency whatsoever! Just got back from my Post
Office. Any comments would be appreciated.

Thank you,

George

"Live Wire Cycles NY/LI" wrote in message
...
__________________________________________________ ________
There has never been a judgment that I'm aware of and I would know. I
monitor my credit reports and receive notices. This agency checked my
credit
report as an inquiry only. No judgments posted! I have not received a
Notice
of anything in writing either. Today I will check my Post Office Box for
mail and see what is there. I believe that they must have had some pretty
motivating documentation to go so far as to check my credit report in
preparation of purging my accounts. My ex must believe that I have
inherited
a lot of money recently and the timing is not a coincidence by any means.
The first inquiry was on the 14th of July. I received the phone call on
July
24th and there was an additional inquiry for this date as well. I think
these people want to stay one step ahead of anyone and who knows what they
have done from another state while saying that they couldn't locate me!
Well the situation is obviously about to backfire and I need to be
careful
as well.
. Who knows if they have a judgment, that couldn't be served because they
claimed that they didn't know where I was. Until I know better, this was
the
rationalization to go for the credit report first. Additionally, they were
advised that I needed a few weeks to respond so that I could get the
necessary documents from the courts and they said that they would be
patient
during this time. I think this must have sounded like the magic words to
them (because my failure to respond would result in a judgment). They
could
say that I was notified when I never was.
I need to see what is in my Post Office Box today and check the date
against the credit report. This doesn't appear to be very patient at all!
Why would they withhold sending me the affidavit that they said that they
had from my ex? The attitude and tone was very stern and legal sounding,
as
in they don't care about what has taken place all these years. They also
brought to my attention that they had a limited power of attorney for my
ex
so that they could proceed without going to court as well. Sounds like I
need to also have knowledge of Texas law too here in addition to PA.
What it comes down to is what is in writing and that's it one would
assume right? I think that it's more of a situation of, what they think
that
they can get away with is more like it and how can they cover it all up as
to appear like they were acting well within their rights and with good
faith. Time to establish that there is no good faith involved here
whatsoever but I need to prove it in advance.
The issue of disability was responded to as what does that have to do
with this. Outright ruthlessness and I was intimidated. I was very nice on
the phone and obviously ignorant of what was going on. Weak sounding. I
want
to maintain this posture in writing. I want to see what they think they
can
get away with. It's the Nice Guy Finishes Last Presentation which always
let's you know the true nature of the matters.
Now, I have different thought's, and I'm forming a strategy.
Before I retain Legal Representation, I want to ask them in writing if
they are encouraging me to do so! This way I have the right to recover my
legal fee's later on! My response needs to be in the form of request for
documentation, so as to re illicit the original "non-cooperative" exchange
of documentation that was established during my first phone call. And my
letter should not look intelligent and have weak form, while still
conveying
the proper messages. I want to see how ruthless these people are. One of
the
women that I communicated with was obviously gender biased while another
was
very nice. They must have all calls recorded as well. What is the law with
respect to this in TX.? In New York it's legal to record a call without
the
knowledge of the other as long as you are a party to the call.

My next thought brings me to the subject of Liquidated Damages for
illegally accessing my credit report which will effect my credit score.

Obviously, the issue with respect to the "Maintenance of Child Support
Records" appears to be unanswerable at this point. I have spoken to a
lawyer
online last night about this and they didn't have an answer either but did
add some food for thought. They would need a very good reason why they
waited all these years to file a claim!

Off to the Post Office, and let's see what surprises I have in store!

Thank you for your input on these matters...


__________________________________________________ __________________________
_____________




"Bob Whiteside" wrote in message
thlink.net...

"Live Wire Cycles NY/LI" wrote in message
news
MAINTENANCE OF CHILD SUPPORT RECORDS

My New York Divorce was effective Oct 4, 1984 and my ex had custody
for
approximately 34 months thereafter. The support order was vacated on
Aug.
1,
1987 after I took custody (handicapped child). I never asked for
support
nor
received any. My ex has seen the child about 8 times in all these
years.
My
ex NOW (almost 20 years later) is claiming that she has never been
paid
support and has filed clam with a collections agency located in Texas!
The
child and I have always resided in New York. The mother resides in PA
now
as
she has recently moved there from New Jersey.

Question: How long do you have to maintain records of child support?

The best answer is until the money judgment against you for CS has been
closed out and fully satisfied by the court where the CS order
originated.
In your case you have posted the original CS order was vacated by a
subsequent order. You need to check with the original jurisdiction to
comfirm the court closed out the money judgment against you. I would
keep
all CS payment records until the money judgment is finally closed and
fully
satisfied.

Each state has a different statuate on how far back a CS obligee can go
to
claim arrearages. Most states are in the 7-10 year range after the
child
reaches emancipation, the age of majority, gets married, joins the
military,
etc. Money judgments accrue month-to-month until the final statuatory
point
named in the law and detailed in a CS order, then they run for an
additional
7-10 years or until they are fuly satisfied. However the money judgment
can
be re-upped in increments of 7-10 years, depending on state law, when
they
are about to expire on the absence of the full satisfaction.

From what you posted previously, it sounds like you have some solid
paper
work to back up the fact the CS order was vacated. What you need to do
is
confirm the NY court actually closed out the money judgment against you
and,
if not, ask them to close it based on the CS order being vacated back in
1987.

"Live Wire Cycles NY/LI" wrote in message
...
Nothing received from this Agency whatsoever! Just got back from my Post
Office. Any comments would be appreciated.

Thank you,

George
===
George, Did you read my post about support for disabled children?
===
===

"Live Wire Cycles NY/LI" wrote in message
...
__________________________________________________ ________
There has never been a judgment that I'm aware of and I would know. I
monitor my credit reports and receive notices. This agency checked my
credit
report as an inquiry only. No judgments posted!

That's good, but it still worth the effort to check on the status of your CS
judgment from the original order at the courthouse.

Every CS order has a money judgment associated with it. The judgment is a
legal filing that formally records the judgment creditor and judgment
debtor, stipulates the amount accruing, and the effective date.

Most jurisdictions use words like "Unsatisfied," "Superceded," and
"Satisfied" to indicate a money judgment's status. Unsatisfied means it is
still open and the meter is still running. Superceded means a later order
was issued and the newest order has become unsatisfied. And satisfied means
the order has been closed out.

I am suggesting you check the case register to insure the money judgment has
been satisfied, and the case status shows satisfied and closed. (Mistakes
occur and the court clerks don't always do their jobs right.) An easy way
to do this task is to send an email to the local DA's Family Law office and
ask them to send you a copy of the court records to confirm you case is
closed.

"Live Wire Cycles NY/LI" wrote in message
...
No I didn;t see it Gini... Where is it?
==
I just forwarded it to you via email--Hope your address works!
==
==

"gini52" wrote in message
...

===
George, Did you read my post about support for disabled children?
===
===

On Mon, 28 Jul 2003 04:10:11 GMT, "Live Wire Cycles NY/LI"
wrote:

MAINTENANCE OF CHILD SUPPORT RECORDS

My New York Divorce was effective Oct 4, 1984 and my ex had custody for
approximately 34 months thereafter. The support order was vacated on Aug. 1,
1987 after I took custody (handicapped child). I never asked for support nor
received any. My ex has seen the child about 8 times in all these years. My
ex NOW (almost 20 years later) is claiming that she has never been paid
support and has filed clam with a collections agency located in Texas! The
child and I have always resided in New York. The mother resides in PA now as
she has recently moved there from New Jersey.

Question: How long do you have to maintain records of child support?

Thank you in advance for any assistance you can provide.....

George



This is an easy one.

First, the burden of proof is on her to prove she received no support.

Second, as soon as they make any kind of formal claim against you,
counterclaim for all the support *she* didn't pay for all those years.
Parents' duty to support their children exists independent of any
statute or judgment. That's even in Blackstone. Dig deep enough and
you should be able to find caselaw supporting this in every state.

Third, jurisdiction should remain with the original court ... or in
the state where the child now resides. Since the child is now an
adult, some creative legal research could probably prove mom has no
standing now to sue for support for the child.

Absent a defined statute of limitations, she's also going to find a
trouble with laches (sat on her rights too long and it's now therefore
as stale claim).

Good luck.

Layne

"Layne Barlow" wrote in message
...
On Mon, 28 Jul 2003 04:10:11 GMT, "Live Wire Cycles NY/LI"
wrote:

MAINTENANCE OF CHILD SUPPORT RECORDS

My New York Divorce was effective Oct 4, 1984 and my ex had custody for
approximately 34 months thereafter. The support order was vacated on Aug.
1,
1987 after I took custody (handicapped child). I never asked for support
nor
received any. My ex has seen the child about 8 times in all these years.
My
ex NOW (almost 20 years later) is claiming that she has never been paid
support and has filed clam with a collections agency located in Texas!
The
child and I have always resided in New York. The mother resides in PA now
as
she has recently moved there from New Jersey.

Question: How long do you have to maintain records of child support?

Thank you in advance for any assistance you can provide.....

George



This is an easy one.

First, the burden of proof is on her to prove she received no support.
==
Untrue. All she needs to do is sign an affidavit of no support. The burdon
is then on the
other parent to prove support was paid. Layne's post has many more
inaccuracies but
Moonshyne has addressed them well so I won't duplicate her response.
==
==