Legal Question in Family Law in New York

Arrears paid but wage assignment not corrected and Child Support Enforcement owe

1. I paid the arrears on my child support 6 months ago but Child Support Enforcement has not corrected the wage assignment at my job. I have made several attempts to get this corrected but CSE does not seem to think they have to act in any timely matter. I went to the family court to see if I could get a hearing with a judge to have this corrected and I was told I can not ask a judge to order CSE to correct this matter. CSE now owes me $2000.

2. My 3 oldest turned 18yrs old and graduated High School 3 months ago and is no longer supposed to get support but this collection also has not stopped despite my notification to the CSE unit 3 months ago.

What can I do to have a hearing since the CSE unit seems to have no oversight that I can go to for a resolution, and the court clerk does not think I should be able to take my case against the CSE unit to a judge?


Asked on 9/02/05, 1:51 pm

2 Answers from Attorneys
BRAD S. MARGOLIS LAW OFFICES OF BRAD S. MARGOLIS

Re: Arrears paid but wage assignment not corrected and Child Support Enforcement

Good Day:

There are two types of petitions you can file. One is a petition to correct income exection, the other is a petition to terminate the current order.

Please understand that the court personal or support unit cqan and wont do anything to help you and hiring an attorney maybe the best solution.

BRAD S. MARGOLIS,ESQ.

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Answered on 9/02/05, 6:42 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Arrears paid but wage assignment not corrected and Child Support Enforcement

While it is possible to file directly for a 'modification' and a refund, you can also file an 'Article 78 Proceeding'. This is a special action to require a public servant to do something. It seems to be the appropriate tool for this situation.

It may be best to have a lawyer assist you in this matter. I would charge $750.00 for an Article 78 petition requiring this relief.

Email is best to set up an appointment. (The consultation is for no fee.)

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Answered on 9/06/05, 1:13 pm


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