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!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).