Legal Question in Civil Litigation in New York

I have been paying child support for 7 yrs. My ex-wife went to family court and LIED that I never paid. A support magistrate immediately automatically awarded her child support enforcement and started garnishing my wages for the arrears while I go to court before the same Support Magistrate to prove that I was paying. It took 2 yrs and appeals to prove that my ex lied (perjured herself). The final judgement expressly state that "SHE LIED" in her claim that I owed her unpaid child support. (The "falsely claimed" arrears amount of $27000 was reported against my credit - ruined my credit and did provable untold damages in excess of $100,000 to my finances.) Afterwards, I contacted Child support Enforcement to get back the nearly $5,000 that was collected towards arrears OR at least have future payments offset against it. They will not do so. They said I have to take my ex to civil court to reclaim the $5000. Do I have any rights against the Support Magistrate / Family Court / My Exwife.?


Asked on 7/12/10, 11:16 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

This problem should be addressed by the Family Court with perhaps a modification and adjustment request. If you do not like the Support Magistrate' decision, you can file an appeal in the Supreme Court of the county.

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Answered on 7/13/10, 3:52 am


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