Can you sue the collection system?

What is the name of your state? NEW YORK
I have four children by different mothers and the level of support set for me to pay is more then I make. I told that there is a poverty level set for which the will not push my income under however I continue to gain arrears. I'am told that even though these arrears push me below the poverty level the NYS Support Collection unit has a right to go after the excess and has on a number of occasions taken my whole salery, stripped my accounts and used the IRS to put judgements on me. This has gone on to the point of making me homeless. Can the system be sued? My request to the hearing examiner for appeal was met with the following statement "If you don't have anything to tell me, don't come back to my court."

[stephenk]

what would you be suing the collections agency for? Other than the collection agency taking your money have you been supporting your children any other way?

The state is entitled to reimbursement for child support they are paying for your kids because you are unable to or are refusing to pay on your own.

Did you ever contest the support amounts when paternity/child support was first being filed against you?

Get a job, save you money, pay your support, and most importantly, get a vasectomy.

Thanks for your comment, but first of all I have a job, second of all I also have a vasectomy, Third of all you missed the point. I'm paying more the even the schedule says I'm supposed to pay. which I've delt with for very long time. My objection is in spite of the fact that may payments come out regularly I still spend periods of as much as 120 days with no salary. What I'm concerned with is the fact that I should have the right to live too! Mind you my yearly salary is close to 70K and I bring home less then 10K per year! Now if you know what it cost to live in NY then you know people on walfare make more. and I don't qualify for any type of assistance. So for them to additionaly take what little I have to live with is a bit overboard. Maybe you should think of how you would feel with no money to pay your rent.

As far as contesting it goes...I want to the first two hearing examiners for my oldest two who said that the amount was excessive and asked if I had made the other examiner aware of the other cases and advised me to go back to him, which I did. He asked me why I felt that I should pay less in his court and that I should have the first two lower their amount, when I told him that they had instructed me to return to him because their orders was already standing and he was suppose to set his order in mind according the the fee schedule he told me he didn't have to use that schedule and what he set would stay and not to come back to his court if I don't have any thing new!

Now I have lived with hardly having no pay for the past ten years, but having no pay is just not a realistic solution.

JoJo
Upstate New York or Southern New York. I am faced with that same problem at this time, only my ex husband is after arrears. We may have something in common in this law. It is worth a shot

I've heard that people have been able to get results but I just don't know how. One of the agents at the support collection unit suggested that I get a lawyer based on the stuff in my file but I'm trying to find someone who knows that system. If you heard of someone please let me know and I'll do the same for you.

Believe me, I hear where you are coming from. New York is one of the toughest states to fight the system. My ex husband makes 250k a year, I make 18900 a year. I have to payout 125.00 every two weeks. Your amounts sound unrealistic. A couple of questions, have you petition for a financial disclosure on the mother. Reason I ask, if the mother had a job prior to filing for child support, and then decided to cut her hours or go parttime, do a little detective work, find out the timeline before or after the filing. Very important, that is what my "attorney is doing right now. My ex holds stocks, real estate etc., however, through the year prior to the filing for child support, he has done a lot of home improvements, bought another car. My attorney is looking into more loans (he does not have a mortgage on any of his property except the house he lives in) so we are looking into that as premeditation. Does this makes sense?

Well she was working off the books at the time and on public assist at the same time. Just be fore they caught her he dropped so she got over. But I know the feeling because right now I'm paying 1'100. bi weekly. it's 125. per week for a room in NY a studio goes for 750-900!

JoJo,
There are other methods to find things out, I just have not had any luck. I wish I could afford a slime ball of an attorney like my ex husband. I can't give up working because I am paying him. Not in me, however, he is doing things that are going to be detrimental to me and I don't have the funds to pursue it.

That's been one of my biggest problems, and when you don't have a lawyer, the system chews you up. Because they're the one system that if you don't know what to ask for, they won't tell you! Even when I asked about the appeal process, I was told that the appeal goes to the same examiner.

If you don't mind, you sound like an educated man, you make good money, well sort of, I had a career in retail management but a catastrophic event happened and I lost the job, that is why I work for only 10 an hour. I have some education in the system, but do you have an attorney.? I found that the only way for me to fight the system, is to join the system. I am starting to take law classes. I am fed up with attorneys, b/c even though they take an oath, it is useless without the almighty dollar. I have tried to find advocacy groups to help people out like myself, but I don't know where to find the help.. My first attorney screwed me royally.

No I don't, that's why I was trying to get info on the net.

My attorney gave up on me the first time around (I think there was a violation in the code of ethics that they take) and I won't be able to keep this one on much longer. I can't afford it. I am not sure where else to turn.?

Man that's as shame, it's hard to find honest fair people....any way if you want to email directly you can at
[email]Jerome.Bell@med.va.gov[/email]

JoJo,
Thanks. My boyfriend is frustrated at what my ex husband is doing to me. My daughter is so well adjusted it truly is amazing. We got a note from him stating that he won't come in to our house because it is a shack. My first marriage was a disaster, but my ex and I are friends after 20 years. It was a violent marriage and I waived child support in that one. I think my first marriage was better than this one ended. I could have fought that one, but I said why bother. You can email me directly as well and if you have any other friends or know of anyone that is going through the same thing that we are, give them my email at [email]golin@nycap.rr.com[/email]

[kat1963]

If this is garnished there are Federal Child Support Guidelines. If you are unmarried & in arrears I believe the max total is 65% that your employer can legally remove from your paycheck. In addition, if your arrears are being paid to the state for previous welfare (AFDC or whatever it's called) you might want to see a bankrupcy attorney, you could probably bk out of it since it's not child support, but owed to the state (it changes things). I have no idea how excessive child support comes in to play w/ bk however.
I have no idea how you are making it in NY on only 10 grand..I think I ate that much in pizza when I lived there.
Good Luck!
KAT