Herkimer, NY asked in Child Support and Family Law for New York

Q: What happens when a person receiving child support owes the person paying that support a significant amount of money?

My ex asked me for a loan of $5000. She said she would repay it by not taking my child support money until it is repayed... I pay for all of my children's needs anyway so they wouldn't really be harmed, I'm just wondering what the law says about the case where the person receiving the support owes the person paying a large amount of money... how can it possibly NOT effectively cancel-out the support? How does that work? Thank you!

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.

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