N.Y.: got served for failure to pay child support. also says that I have huge arearage. I live in another state far away so I set up telephone conference/courtdate. However the problem is it has been taken out of my paychack like clock work, every pay period entire time. I called her & she said Yea I havent gotten it in over a year! I tried to email my paystubbs before the set date but kept getting mailer errors so i faxed it to the clerks fax. I made the call & the Judge did not want to hear anything. said he didnt receive any exhibits & passed it to another date. Do I need to file something? It seems simple, theres a deduction order, enforcement takes out my money. Is it my job to then wiretransfer the money from THEIR acoount to her for them?! theyre dropping the ball, what needs f
Family Law Attorney
Unfortunately you may not be able to do anything until the court date. On the day that you appear you can present all your proofs. there is obviously an error on one of the ends. First verify that your employer has the right account number to which it is being sent. Then reach outto CSEU and verify the wire transfers.
In any event on the court date bring all your proofs you will have the opportunity to be heard. If you do not already have an attorney you may wish to consider retaining one.
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
Divorce / Separation Lawyer
You can introduce your paystubs to show the money is being deducted. You can also get documents from your employer attesting to the fact the deductions are being made. You then need to follow up and find out where the money being deducted is being sent and if it is being credited to the right account. Ultimately, if the money was not remitted by your employer they are in contempt of court and will be liable for the monies deducted. Start by traking down payments made by employer, where they were sent and what account number they put on remittacne.
I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish.
This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
2 found this helpful