Saturday, December 13, 2014

Do I need a lawyer to get back all child support payment that was made when I surrendered my parental rights?

Q:  I surrendered my parental rights back in 2009 on 2 of my children and I was paying child support by garnishment of my check by DSS, Family and Children Services. My kids were in foster care since 2006 of September. My checks are still being garnished.

A:  David's Answer:  You'd need to immediately file a petition to terminate the support order. As for the back money, Family Court cannot refund money already dispersed. You would thus need to sue the adoptive parent (assuming they received the funds) in civil court. Schedule a consult with a Dutchess/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

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