Help- Payee Deceased need to dismiss an order for support

Anyone have any information on how to dismiss an order for support
based on the Payee being deceased ? Payer is in Colorado and unable to
travel due to Health ,The court is in NYC and His wife has passed over
a year ago. He is in need of reversing this to free up funds to assist
the legal gaurdian in care of them for him. Any help appreciated-
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"Hawkins Investigations" wrote in message
...
Anyone have any information on how to dismiss an order for support
based on the Payee being deceased ? Payer is in Colorado and unable to
travel due to Health ,The court is in NYC and His wife has passed over
a year ago. He is in need of reversing this to free up funds to assist
the legal gaurdian in care of them for him. Any help appreciated-
Reply off post to Please "*" = "yahoo" for
anti spam purposes

There are too many variables involved for anyone here to give you direction.
You need to get a NY attorney who knows the CS law in that state. You
should be able to get legal advice over the phone for a consultation fee of
around $50-100. Some of the issues a

1.) Who is currently caring for the children?
2.) What has happened to payments made before and after the death of the
obligee?
3.) Is the CS going towards paying a non-TANF or TANF order?
4.) Are there any current arrears owed to the state or to the obligee's
estate?
5.) What does the current order say about the death of the obligee or
obligor?
6.) Who is the current legal guardian?
7.) Has the legal guardian taken any legal steps to continue the CS order?
8.) Has there been any crime committed by the legal guardian to cash CS
checks made out to the deceased?
9.) What does the obligor need to do to get a copy of the death
certificate?

On Jan 7, 4:31*pm, "Bob Whiteside"

Thanks for your reply to the post, We will have to look into some kind
of pre-paid legal services as there isn't an ability to pay on the
part of the payer nor ability to travel due to his Illness. If you
have any other suggestions regardin this please let me know.....

"Hawkins Investigations" wrote in message
...
On Jan 7, 4:31 pm, "Bob Whiteside"

Thanks for your reply to the post, We will have to look into some kind
of pre-paid legal services as there isn't an ability to pay on the
part of the payer nor ability to travel due to his Illness. If you
have any other suggestions regardin this please let me know.....

======
(Disclaimer: I am not an attorney and this should not be construed as legal
advice. This information is provided solely on my experience/research
pertaining to family court.) Based on your woefully inadequate detail--He
can file a request to appear telephonically. The court normally approves
this for routine family cases. Further, he does not need an atty. to file a
petition to have the support stopped. Contact the controlling court and ask
for the appropriate pro se packet, fill out the forms per the instructions
(requires service of interested parties), attach death cert and request to
appear telephonically along with required fees. The court will then set a
hearing date. NOTE: As Bob mentioned, if the CS is due the state, it will
not be discontinued until the balance owed is paid. If that is the case, he
needs to request an accounting.

"Hawkins Investigations" wrote in message
...
On Jan 7, 4:31 pm, "Bob Whiteside"

Thanks for your reply to the post, We will have to look into some kind
of pre-paid legal services as there isn't an ability to pay on the
part of the payer nor ability to travel due to his Illness. If you
have any other suggestions regardin this please let me know.....

Death of either parent does not terminate CS. A CP mother can die and the
father's CS obligation passes to the mother's estate or to the children's
new legal guardian. But when an NCP father dies his estate is required to
continue CS payments even though he has no continuing income. In many
states fathers are required to provide life insurance to guarantee future CS
payments in the event of their death. A pre-paid lawyer is not going to
understand the Family Law issues in this case.

On Jan 7, 6:14*pm, "Gini" wrote:
"Hawkins Investigations" wrote in message

...
On Jan 7, 4:31 pm, "Bob Whiteside"

Thanks for your reply to the post, We will have to look into some kind
of pre-paid legal services as there isn't an ability to pay on the
part of the payer nor ability to travel due to his Illness. If you
have any other suggestions regardin this please let me know.....

======
(Disclaimer: I am not an attorney and this should not be construed as legal
advice. This information is provided solely on my experience/research
pertaining to family court.) Based on your woefully inadequate detail--He
can file a request to appear telephonically. The court normally approves
this for routine family cases. Further, he does not need an atty. to file a
petition to have the support stopped. Contact the controlling court and ask
for the appropriate pro se packet, fill out the forms per the instructions
(requires service of interested parties), attach death cert and request to
appear telephonically along with required fees. The court will then set a
hearing date. NOTE: As Bob mentioned, if the CS is due the state, *it will
not be discontinued until the balance owed is paid. If that is the case, he
needs to request an accounting.

Thanks , this is especially helpful and most appreciated. At least he
has a place to start now.