Q: Since Feb 2000 to March 2013, my salary was garnished in where I owed the amount of $34,743.97 in child support arrears. From 2000 to 2006 the Child Support Enforcement Agency seized my IRS tax refunds, savings and checking bank accounts, State tax refunds, & Motor Vehicles license plates refunds. In 2007 when I was in family Court emancipating my daughter, the CSEA illegally seized my two(2) weeks salary of $1,309.00 from my savings and checking accounts and the (the S/M judge ignored me when I informed him). The CSEA with unsigned warrants in 2011 and 2012 temporary detained me and illegally seized two(2) of my vehicles from my driveway, when I was paying the amount $476.00 a month for child support arrears. Since Feb 2000 to Mar 2013, I have paid $62,655.41 in child arrears.
A: David's Answer: You would be best advised to get an "Account & Records" statement from SCU showing what they say was owed, what they say was collected from you, and what funds, if any, were (as yet) undispersed to the CP. If they received the updated orders and wrongfully failed to update their garnishments, then it's possible you can file an Art. 78 action against them in Supreme Court. Part of the issue there will be why you did not act sooner to formally petition them to amend their garnishment (if you didn't). If the allegation is that the CP wrongfully collected the funds, you may need to sue him/her in civil court. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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