Joe is the step-sibling to the subject child. The child and Joe share a father in common. Joe became the guardian of the child when their father passed away. At the time of his passing, the father had sole custody of the child and an active Order of Support against the non-custodial mother. In addition to being the child’s guardian, Joe is also the executor of his deceased father’s estate. Joe was never informed that there was an active Order of Support for his brother and that the Support Collection Unit had proceeded to close out the account once the father passed away.
Joe found out about the Order of Support when the noncustodial mother filed a downward modification on the order. At that point, Joe was instructed that he would have to file a brand new child support case, with him as the payee. Family Court could not do a change of payee from deceased father to Joe. In terms of the arrears that were owed to his father by mother, Family Court could not enforce these or transfer them to Joe. Joe had to file a separate petition through Surrogate’s Court as the executor to claim the unpaid arrears.