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Hello.I am sorry to hear about this unfortunate situation.What is your legal question for me?
Unfortunately, if the ownership of the seized vehicle was transferred to you from your husband, such transfer would be presumed as fraudulent to avoid collection activity for the delinquent child support by the taxation and finance department and you would have to file a lawsuit and prove that you in fact purchased this vehicle from your husband with your separate funds and the vehicle was only used by you and not by your husband after the ownership was transferred to you.I am sorry about this unfortunate situation and I do with you the best of luck!
Unfortunately, the vehicle exemption that applies to personal property, such as vehicles subject to civil judgment ($4,000), does not apply to the enforcement and collection of the delinquent child support by the DTF.Unfortunately, only most serious child support delinquency cases are referred to the NY DTF and DTG agents are full time law enforcement officers who pursue very aggressive enforcement against individuals who are not current on their child support obligation and it would be generally a good idea for your husband to either bring his child support obligations current or at least attempt to negotiate a payment plan, as DTF has been known to refer unpaid child support cases for criminal prosecution.I wish you and your husband the best of luck!
I do not know specifics of your case and do not know what DTF agents might do in your specific case, but generally the child support enforcement will continue until either current child support is paid on time and there is a court approved payment plan for any delinquent child support.I wish you the best of luck!
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