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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100051
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can child support theft via the NY state system hack into LLC

Customer Question

Can child support theft via the NY state system hack into LLC corp pay through 1099 pay to this LLC.

Can the criminal NY child support system hack into pay from another corporation paying me in another state?

The court reporter in the settlement agreement forced on me in the courtroom only recorded the criminal judges desired material. When I told my lawyer to motion for trial and copies of the tape recordings he refused and I fired him. Now what can I do.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello,



Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am sorry for your situation. Can you please tell me more about what happened?



Customer: replied 5 years ago.

I had agreed to a settlement through my attorney and said get it in writing. When I went to court they said do it here in front of the judge. The judge and enemies kept trying to add/change what I had agreed too. It was in and out, back and forth for a couple of hours at the court house. At the end I said to the judge when I see it in writing , I will sign it and we willk be done. The judge said allthis stuff is the agreement and you have already agreed to it.

 

I called the court reporter a week latter to get the transcript and I said I need the tapes, where she replied you don't get those. I said there is know way you recorded all that went on their. She became offended and said no one has accused me of poor recording. I said it is impossible that you got everything recorded, I want the tapes. Her transcript did not have any of my statements on it, other then a statement, "I will not sign anything." since I had relized at the end of this sharade that I was set up and being duped.

 

I have since demanded my lawyer to defend what had happened and what he knew I had agreed too, he refused and I fired him. I want copies of the tapes and a counter-claim against this complete Soviet injustice.

Expert:  Ely replied 5 years ago.
I am sorry for the wait.



It seems to me that you have two issues here - your LLC being made to pay for child support, and appealing the decision.



While an LLC is a separate entity, it can be attacked and 'breached,' making it liable for anything YOU are liable for. This is called 'piercing the veil.' and the following are a list of things that can do this:

http://en.wikipedia.org/wiki/Piercing_the_corporate_veil#Factors_for_courts_to_consider

While I do not know exactly what you you did, or what they allege happened, but it seems that the state managed to convince the Court that payments made to LLC should be garnished for child support. Which leads us to our next point.

Appeal. You need to appeal ASAP - you only have 30 (or perhaps 35) days at the most from the decision. Please see more here:

http://www.nycourts.gov/courts/nyc/family/faqs_appeals.shtml

By appealing and having a re-hearing on the decision, you stand a chance to undo the judgment that you feel was wrongly rendered.













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