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)
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.
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?
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