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    LostinNY4now's Avatar
    LostinNY4now Posts: 1, Reputation: 1
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    #1

    Jan 25, 2010, 11:21 AM
    Can I sue a child support agency for not enforcing support orders?
    In 2002, a NY family court ordered my ex-husband (the non-custodial parent of our 2 minor children) to pay child support in the amount of $250 per week. This court order was subsequently made a part of our divorce decree in 2005. In 2004, the NCP moved from NY to OR then eventually to CA to willfully evade support obligations. Prior to the NCP moving out of state, the arrears were already $15,000. The child support orders are registered with the UIFSA and have been forwarded to the support enforcement unit in the county where the NCP resides. To date, the NCP's arrears total $80,000. I contacted the case worker in CA regarding the arrears/enforcement of the due child support and I was informed by the CW that the child support order was too high for the NCP to pay and that a modification of child support needed to be ordered and that I should be a "little bit more understanding" because the area my ex-husband lived in was economically depressed. I asked what enforcement methods were used to collect the obligation and the CW's response was, "Well, there's not much we can do - he is not employed according to our records." Dismayed by the CW's response, I contacted the district attorney's office in the county the NCP resides in and was told that the county was aware of this situation but claimed the county had no funds available to enforce/prosecute the NCP for willful failure to provide financial support. I was assured by the DA's office that my case was put on a "list" for future consideration if/when funding became available. After this call, I contacted NYS Child Support Enforcement Unit (not my case worker but the actual office for the entire state of NY child support enforcement) and spoke with a supervisor who informed me that my particular situation was a perfect case to bring forth federal charges against the NCP under the federal program "Project Save the Children." The supervisor said she would contact the support collection unit in the county where I live and discuss my case with the appropriate individual. Before that days' end, I received a call from a supervisor in my county and I was told that my case would be forwarded to the NYS Attorney General's Office for consideration for federal prosecution by the close-of-business that Friday and that she took "personal satisfaction" in pursuing these types of issues. This conversation was over 6 months ago and I still have not heard anything and I have made numerous attempts to contact my case worker in NY utilizing the only way NY has made available - (888) 208-4485 (I have subsequently dubbed this number the (888) WHO-CAREs line). I have been given the same response by the customer service representatives every time I have called - "I can't contact your case worker but I can make a note in the system that you would like a call back regarding this issue but this does not imply or guarantee that you will be called back." It would seem to me that the agencies involved have a fiduciary duty to my case and have willfully failed to perform their respective duties. I realize that neither NY nor CA have a vested interest in my case as I do not receive any type of social services/welfare but I do feel that as a tax paying citizen that the state/county agencies involved could be working a little bit harder to help ease the burden of emotionally and financially raising 2 children as a single parent for over 6 years now. My question is this: Do I have any legal remedies to compel a state or county agency to work more diligently in pursuing my case?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 25, 2010, 11:23 AM

    Yes. Retain an Attorney. You are one of many thousands with similar problems in NY due to the reduction in staffing.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Jan 25, 2010, 02:13 PM
    Quote Originally Posted by LostinNY4now View Post
    I realize that neither NY nor CA have a vested interest in my case as I do not receive any type of social services/welfare but I do feel that as a tax paying citizen that the state/county agencies involved could be working a little bit harder to help ease the burden of emotionally and financially raising 2 children as a single parent for over 6 years now. My question is this: Do I have any legal remedies to compel a state or county agency to work more diligently in pursuing my case?
    I have a problem with some of the statement being made here.
    1) You ARE receiving a social service. By allowing the state to collect YOUR child support for YOU. There is nothing barring you from trying to enforce collection on your own and dropping the state of its burden.

    2) You can try suing but since there is a back log and if they are doing the best they can your not going to get anywhere in my opinion. The problem being that you aren't pursuing it yourself. Another thing is that your case is complicated by the fact that he moved so much. So unless you can show neglegence on the states behalf then again you have nothing to sue for. This type of suit would normally be a class action and be on behalf of everyone who is collecting child support through the state.

    3) The states in fact due have a vested interest in collection because that is where there budget is based on. The numbers coming in the door.
    Momof1ATL's Avatar
    Momof1ATL Posts: 7, Reputation: 2
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    #4

    Feb 5, 2010, 10:49 AM
    I know that recently here in GA private collection agencies were recently granted the legal right to go after NCP's for back support payments owed (of course this is for a percentage or small fee). I'm considering it as an option, I've been waiting for my child support order since 2007 and JUST got it in September and still haven't received a payment - yet he showed up in court with an "attorney". Go figure. Check your state and I guess his state for whether you can go through a private collection agency. I'd think they will work harder since it is only paid if they get the money! Hope this helps.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 5, 2010, 11:11 AM

    This does not pertain to NY.
    nynyfamily's Avatar
    nynyfamily Posts: 2, Reputation: 1
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    #6

    Dec 5, 2010, 07:11 AM
    How can you be reached? Provide a email address or phone number. Thanks
    nynyfamily's Avatar
    nynyfamily Posts: 2, Reputation: 1
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    #7

    Dec 5, 2010, 07:12 AM
    How can you be reached? Please provide a email address or phone number.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Dec 5, 2010, 07:51 AM
    Quote Originally Posted by nynyfamily View Post
    How can you be reached? Please provide a email address or phone number.
    This site is for online contact only. That is what the forum is for. Please ask a question if you need to but refrain from trying to contact members of this site offline.

    Thanks.
    sadie51's Avatar
    sadie51 Posts: 1, Reputation: 1
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    #9

    Dec 6, 2010, 04:06 PM
    LostinNY4now: Wow, that is quite a story and I totally understand your frustration with the system.
    My recent experience with NY SCU and family court are also worthy of a book if not a movie!
    What is the update for you? I hope something positive.
    dixieeeee's Avatar
    dixieeeee Posts: 1, Reputation: 1
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    #10

    Jan 27, 2011, 07:26 PM
    I have the same problem right now, it is a shame that the state can do more, for 9 months I am still waiting for NY State to enforce, I have provided information on noncustodial parent, (employer information)it is a shame
    LoserDad's Avatar
    LoserDad Posts: 1, Reputation: 1
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    #11

    Jan 28, 2011, 07:22 AM
    I'm in the same boat with NY state child support. My ex lives in GA and I'm in NY, he is in the arrears of $32,409. Every time I call 888-208-4485, I get the same response.. NOTHING! I too am not receiving any type of Welfare or State benefits so they do not care about getting my children's money that is due to them. I have spoken with Child Support in Ga and tried to have my case transferred there twice and NY has not sent anything as of yet. I don't know what else to do.
    virgo15's Avatar
    virgo15 Posts: 3, Reputation: 1
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    #12

    Apr 13, 2011, 12:53 PM
    I was wondering about whether I can sue child support enforcement in the state of NJ. It has been over 15 years and over $75,000 in arrears. They arrest him, keep him in jail a few weeks and let him go without paying a cent. Who is looking out for me? Certainly not CSE.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Apr 13, 2011, 02:43 PM

    Who do you intend to sue? The State of NJ?

    It's been tried before and people have failed. Here's the reasoning - he doesn't pay. They put him in jail. Now he can't work; now he can't pay. The State isn't a hotel. They let him out.

    Works the same way in NY and, yes, it's frustrating.
    tscande's Avatar
    tscande Posts: 1, Reputation: 1
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    #14

    Jun 12, 2011, 04:52 AM
    Comment on califdadof3's post
    Okay Mr.Internet Research Expert
    The internet research is not always correct sorry
    You are NOT I repeat NOT receiving a social service and your are NOT allowing Child Support Enforcement to collect YOUR child support for you. Child Support Enforcement falls under the jurisdiction of the Family Courts and their judges. Laws and guidelines were passed and put into place in 1984 stating that when ordered, child support is paid directly to the Department of Revenue, any monies paid directly to the custodial parent is and will be considered a gift. Any and all attempts to collect court ordered child support yourself is considered extortion.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #15

    Jun 12, 2011, 06:49 AM

    tscande said:

    Okay Mr.Internet Research Expert
    The internet research is not always correct sorry
    You are NOT I repeat NOT receiving a social service and your are NOT allowing Child Support Enforcement to collect YOUR child support for you. Child Support Enforcement falls under the jurisdiction of the Family Courts and their judges. Laws and guidelines were passed and put into place in 1984 stating that when ordered, child support is paid directly to the Department of Revenue, any monies paid directly to the custodial parent is and will be considered a gift. Any and all attempts to collect court ordered child support yourself is considered extortion.

    Please show the facts for what your saying as it just isn't true. How do you feel that its not a social service when the person getting the money doesn't pay for anything in the process? Who's paying for the lawyers time and who pays for an advocates time? The State does. That is why it is a social service. And yes parents can by court order agree to pay child support and not through the state. It happens all the time and isn't illegal at all.

    So please back up what your saying with facts or atleaset an area where it applies if it be Canada or the U.S. or where ever.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #16

    Jun 12, 2011, 08:04 AM

    Okay Mr./Ms tscande
    To post some sentences with conviction is not always correct sorry.
    Quote Originally Posted by tscande
    Child Support Enforcement falls under the jurisdiction of the Family Courts and their judges.
    CSEA falls under the jurisdiction of the Division of Revenue, within the Department of Finance and Administration / or the state's Department of Job and Family Services and etc ,and CSEA assists to AG'S OFFICE.
    Quote Originally Posted by tscande
    Laws and guidelines were passed and put into place in 1984 stating that when ordered, child support is paid directly to the Department of Revenue
    Oh,really? And your source is..?
    In all states child support may be paid directly to the custodial parent if stated by the court order.
    Another question is that even if your court order states that child support is paid through DCSEA, you will be able to withdraw your application for child support services so long as you do not receive W-2, Child Care, CTS, BadgerCare Plus, Substitute Care and Kinship Care.

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