Legal Question in Family Law in New York

Can I sue the support collection unit in my county?

I was granted custody of my son, while my ex wife retained custody of our daughter. During this time there was no child support involved, as we each had custody of a child. The support collection unit in our county has built arrears against me for the time I had custody, stating that I never ''filed a modification'' to have the child support dropped. I am now over $ 10,000 in debt for child support I never owed. The SCU states that it is out of their hands because I never filed a modification, yet they were in the court room when the custody arrangements were set. Can I take the SCU to court to have this amount dropped, and if so, how do I go about it?


Asked on 12/20/03, 6:22 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Can I sue the support collection unit in my county?

No. You cannot "sue" the child support collection Unit nor the hearing examiner or judge.

You can try to get a transcript of the hearing or certification of the court findings, judgment and copies of the entire file, to support your submission of a motion/application or petition to vacate support nunc pro tunc (ie., to the date the support termination order "should have been entered.)

In the event the order is not granted you may object to the denial... then appeal.

It is clearly worthwhile for you to immediately seek termination of the support order (because the arrears are accumulating) at the same time you seek "retroactive" entry of a termination order.

You probably need a lawyer; but if you are without funds, go to the family court petition office and ask for help.

GOOD LUCK

PHROSKA L. McALISTER, ESQ.

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Answered on 12/21/03, 9:48 pm


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