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What is the process to have NY child support arrears discharged when the statute of limitations to collect may have passed?

Q: Child support arrears owed to DSS for child born in 1986 (child is now deceased; he would have been 32 yrs old now); original support order payable to DSS issued around 1987; last payment made in approximately 1990; not sure of actual default date; NCP is & has been unable to work due to back, neck & shoulder injuries, is currently in receipt of Temporary Assistance (DSS) & is below the poverty & self support guidelines

A: Assuming there were no intervening orders or judgments (there usually are), then the NCP may file a petition to terminate arrears. Depending on exactly when the last order was entered, the statute of limitations could arguably be 6 years, or 20 years. Call a Westchester child support lawyer for more info.

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