Help please!

[direstraits]

What is the name of your state? Michigan with child support going to NY and FL

I had a very messy divorce and was never even able to see my daughter from the time she was five years old until she was 20 (this year). I admit to not making payments for a few years and developed an arrearage over 5,000.

I got a letter today, stating my entire savings and checking accounts were completely drained. I believe I will be subpoenaed tomorrow, but I don't know why. I have been making payments directly from my paycheck for years according to my last agreement with the courts.

The letter from my financial institution uses a lot of legal talk but sounds as if they want, not only every cent I have, but my property too. Can they do this when I have been making payments? Can they do this without any prior notification? What can I do to stop this before it happens?

Thank you for any advice.

 

[BelizeBreeze]

What is the name of your state? Michigan with child support going to NY and FL

I had a very messy divorce and was never even able to see my daughter from the time she was five years old until she was 20 (this year). I admit to not making payments for a few years and developed an arrearage over 5,000.

I got a letter today, stating my entire savings and checking accounts were completely drained. I believe I will be subpoenaed tomorrow, but I don't know why. I have been making payments directly from my paycheck for years according to my last agreement with the courts.

The letter from my financial institution uses a lot of legal talk but sounds as if they want, not only every cent I have, but my property too. Can they do this when I have been making payments? Can they do this without any prior notification? What can I do to stop this before it happens?

Thank you for any advice.

Please hold this 'letter' up to the monitor so we can read and advise.

 

[eme76]

Please hold this 'letter' up to the monitor so we can read and advise.

LMAO
but seriously...BB do you need a nap you seem grumpier than usual today

 

[direstraits]

Please hold this 'letter' up to the monitor so we can read and advise.

Child Support Enforcement Levy First and Final Demand

It appears that you are indebted to the above named jedgment debtor(s) or that you are in possession or custody of property, not capable of delivery, in which you know or have reason to believe that the judgment debtor(s) has (have) an interest.

You are required by Section 5232(a) of the Civil Practice Law and Rules to transfer to the undersigned all property not coming into your possession or custody as may be necessary to satisfy the total amount due as set forth herein including all debts of this levy, if any, to execute any documents necessary to effect such transfer or payment; and to comply with any and all further provisions of such section. The person served with the execution shall forthwith transfer all such property, and pay all such debts upon maturity, to the Commissioner of Taxation and Finance and execute any document necessary to effect the tranfer or payment.

Priority among execution creditors pursuant to CPLR 5234(b). Executions for child support shall have priority over any other assignment, levy or process. Please refer to the back of this form for additional information and mailing instructions. [There is no back to the copy I received.]

Mail to: NYS Department of Taxation & Finance
TCD -Child Support Enforcement Section
PO Box 5350
Albany NY 12205-0350

 

[direstraits]

Please... I am afraid, it's 11pm and I don't know if they're going to take my vehicle... how to pay my bounced checks the bank covered for me or if I'll be able to buy food to eat! Will I be put in jail even though I'm paying regularly with no missed payments?

 

[BelizeBreeze]

THen you need to take this letter IMMEDIATELY to a local attorney who can stop the process long enough to find out why it was issued in the first place.

 

[rmet4nzkx]

You do realize that child support is owed and originating in NY goes through age 21 unless the child is emancipated. Also if mom and or child were on any state assistance including medical, that your direct payments to the child's custodial parent may not have satisfied any obligation to the state. You really need an attorney fast. You may also want to redirect any direct deposit and understant that they may garnish your tax refunds. Are you sure there wasn't any other hint of legal action prior to this?

 

[direstraits]

You do realize that child support is owed and originating in NY goes through age 21 unless the child is emancipated. Also if mom and or child were on any state assistance including medical, that your direct payments to the child's custodial parent may not have satisfied any obligation to the state. You really need an attorney fast. You may also want to redirect any direct deposit and understant that they may garnish your tax refunds. Are you sure there wasn't any other hint of legal action prior to this?

The child is 20 and married, but I have been paying on arrearages anyway bi-weekly. Yes, they have been taking my federal income tax for years, which I understand. I don't have direct deposit, but they have taken every cent I had and left nothing to live on.

I called them and found out they supposedly sent something in 1998! Shouldn't they give me at least 30 days notice? The only thing I had in my account that was drained was my most recent paycheck. *poof!* It's gone. From a NY state website, it stated they wouldn't do this if you were making payments and hadn't missed any. The woman said they had received consistent payments bi-weekly and had no explaination for the sudden action.