QUESTION
My question is in regards to the paying back of money for time my daughter was in foster care.
Asked on Jan 26th, 2013 on Child Support - New York
More details to this question:
My daughter was placed in foster care due to her behavior and her mother could not handle her. I was involved in the process and volunteered to have her come live with me but was apparently never considered. After she got out of foster care, the county came to get me to pay back a percentage of the cost. After going to court, the judge set me up on payments of 100.00 a month to pay back the balance. I have been having the monthly payments taken directly out of my paycheck. Today I find out that the state of NY has seized my entire bank account to pay back the balance. I am wondering if this is standard practice since I have been paying as ordered and the judge never said this would happen. I also need this money as my rent payment, car insurance, utilities are all due out of this paycheck. I have been living check to check and this will absolutely cripple me. Is there and recourse since the judge never told them to go after what little I have in the bank?
1 ANSWER
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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Usually the child support unit does not seize bank accounts unless a parent is failing to pay the child support or has extensive arrears. First you should call the child support unit and ask why they did that and try to reason with them. If that fails, you can file a modification of child support petition, but these are very difficult to prove. The fact that you believe you were a resource for your child but the court placed her anyway does not change anything. You are still responsible for the payments.
Answered on Jan 27th, 2013 at 3:28 PM