Question about NYS CS

[ckjedi66]

What is the name of your state (only U.S. law)? NY

Hello...new to the forum. I have a problem.

Long story short, have been unemployed for some time and ex took me to court to have CS enforced thru the court even though she knows I cannot pay. She was awarded arrears from the time I have been unemployed (over two years unfortunately). My arrears have built up to the point where my arrears collections were handed over to the NYS DTF.

I called them today to see what if any arrangements can be made. They said my case has not yet reached their office, that it takes some time between the case being handed to them by CS and the time they start to take action. The lady i spoke to said I will receive a notice with an opportunity to settle the debt before they take action, such as property seizure and bank account levy. I was of the understanding that I will receive NO warning, that I will one day deposit some money into my account and it will be frozen, and that my car may be gone.

So I guess my question is this...was the lady from NYS DTF telling the truth? Or was she lying because they cannot disclose to me if any actions are being put in motion? I need to cash a check and do not want it to disappear. Will they in fact notify me they have my case and give me a chance to pay before they start seizing things from me?

Thank you for any and all responses.

 

[BL]

What is the name of your state (only U.S. law)? NY

Hello...new to the forum. I have a problem.

Long story short, have been unemployed for some time and ex took me to court to have CS enforced thru the court even though she knows I cannot pay. She was awarded arrears from the time I have been unemployed (over two years unfortunately). My arrears have built up to the point where my arrears collections were handed over to the NYS DTF.

I called them today to see what if any arrangements can be made. They said my case has not yet reached their office, that it takes some time between the case being handed to them by CS and the time they start to take action. The lady i spoke to said I will receive a notice with an opportunity to settle the debt before they take action, such as property seizure and bank account levy. I was of the understanding that I will receive NO warning, that I will one day deposit some money into my account and it will be frozen, and that my car may be gone.

So I guess my question is this...was the lady from NYS DTF telling the truth? Or was she lying because they cannot disclose to me if any actions are being put in motion? I need to cash a check and do not want it to disappear. Will they in fact notify me they have my case and give me a chance to pay before they start seizing things from me?

Thank you for any and all responses.

Were you ordered to pay over two years ago ?

Did you ask for a modification due to unemployment ?

If not why not ?

At any rate , yes CSEU will take collection actions on arrears .

I suggest if you are in dire need and worried , go to a check cashing place that charges a buck ,two,or three with ID and cash it.

 

[not2cleverRed]

You will also be notified by the DMV before they suspend your driver's license. Please note that the DMV will only send such notices to the last address they had on file for you, and that it is considered to be your responsibility to make the DMV aware of any changes in your address. It takes about a week after CSEB has notified the DMV for the notice to arrive.
(I suspect that the notice contains additional information of how to show the you're actually on track in paying the arrears before your license is actually suspended. I did not open the DMV notice to my that arrived at my address - just knew what it was from what I could read holding it up to the light, and confirmed at the police station that it was not yet in the system as suspended.)

I am not sure what will happen to your actual car. I was of the impression that it is more likely that a lien would be placed on property such as real estate.

You are very right to be concerned about your accounts being frozen. Yes, it really can happen overnight. However, as the person with whom you spoke, it will not happen until after you have been notified that the case has been established, etc.

Again, if you did not petition for a modification of CS when you lost your job,
you do owe the arrears.

Note that if you ever get around to petitioning for CS to be modified,
that it can only be modified retroactive to the date filed.

Furthermore, note that even if you were a homeless derelict, you would still be required to pay a token amount in child support. So if you haven't been sending any money at all to your ex, say $50/month, then I can understand her frustration.

 

[Isis1]

You will also be notified by the DMV before they suspend your driver's license. Please note that the DMV will only send such notices to the last address they had on file for you, and that it is considered to be your responsibility to make the DMV aware of any changes in your address. It takes about a week after CSEB has notified the DMV for the notice to arrive.
(I suspect that the notice contains additional information of how to show the you're actually on track in paying the arrears before your license is actually suspended. I did not open the DMV notice to my that arrived at my address - just knew what it was from what I could read holding it up to the light, and confirmed at the police station that it was not yet in the system as suspended.)

I am not sure what will happen to your actual car. I was of the impression that it is more likely that a lien would be placed on property such as real estate.

You are very right to be concerned about your accounts being frozen. Yes, it really can happen overnight. However, as the person with whom you spoke, it will not happen until after you have been notified that the case has been established, etc.

Again, if you did not petition for a modification of CS when you lost your job,
you do owe the arrears.

Note that if you ever get around to petitioning for CS to be modified,
that it can only be modified retroactive to the date filed.

Furthermore, note that even if you were a homeless derelict, you would still be required to pay a token amount in child support. So if you haven't been sending any money at all to your ex, say $50/month, then I can understand her frustration.

not to be a pain in the butt, but the order was established WHILE he was unemployed. at some point, the judge accessed he was capable of making an income, he just wasn't doing it.

OP, they will not warn you if they garnish your bank account. and depending on the wording of your court order, any monies deposited during a specified time frame will be removed. so you could have two checks garnished on that time frame.

the DMV can notify you of a pending suspension. some states will allow you 3 months to fix what ever it is you need so you don't also get hit with a reinstatement charge. like file a motion to release.

 

[BL]

[U]https://www.childsupport.ny.gov/dcse/cp_support_enforcement.html[/U]

Note Unemployment payments can be taken .

 

[not2cleverRed]

not to be a pain in the butt, but the order was established WHILE he was unemployed. at some point, the judge accessed he was capable of making an income, he just wasn't doing it.

Thank you for correcting that.

My impression was that he had been paying CS at some point,
stopped paying CS when he became unemployed,
and the ex then tried to get the order enforced.