Tuesday, November 25, 2014
I got denied by the magistrate for child support modification in N.Y. and still trying to appeal it, but child plans to take tax
Q: Can child support still take my tax return this coming year even when I asked them not too until I finish with my appeals. The magistrate error in her decision, she said I recently voluntarily and retired which was a lie I worked for the stat over 14 years ago and my vested retirement kicked In automatically... Right now I am attending graduate school, living below the poverty level, have a wife and 2 minor children and the magistrate still wants to hold me to $70 a week, which is way more than what I am getting from my retirement check. And N.Y. State tax sent me a notice to let me know that child support put a lien on my future upcoming tax return.. The mother of the child lives in Atlanta (and use to live in N.Y.), I use to live N.Y. and now i live in Massachusetts... So What can I do?
A: David's Answer: Unfortunately, SCU can still enforce the order even if its being appealed. Procedurally, you should have filed a motion for a "stay" of the enforcement of the judgement. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)