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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Parent and non custodial parent owes me 74,000 in arrears.

Customer Question

i am Custodial parent and non custodial parent owes me 74,000 in arrears. Can i sue and win lump sum money even though the non custodial parent is in compliance with the court order and is paying regularly? Also what would constitute me forcing him to give me the 74,000 in cash from him?
Submitted: 3 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 3 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I'm a bit confused. How is it that your ex is in compliance with the court's order, and yet she owes $74k in arrears? That fact that she's in arrears would seem to indicate that she has not complied with the court's order.

Customer: replied 3 months ago.
She owes me 35737.00 for principal and 38,060.00 for interest. She has been paying me on arrears for over 5 years but because of interest the 500 a month is barely making a dent in the total amount owed. Dcss said because she is doing what the court order has asked her to do that i can't go through them without a mutual agreement and get a lump sum. I was wondering can i go outside Dcss and sue her and win for the total amount or will they stick to the court order thats already in place from dcss....
Expert:  TJ, Esq. replied 3 months ago.

Hi again.

I'm really sorry, but I don't think that I'll be able to provide you with a useful answer. However, I will open your question for other attorneys to review. Thank you for using our service.

Customer: replied 3 months ago.
i had to pay 40 for that?
Customer: replied 3 months ago.
you couldn't answer that simple question??? Wow I'm pretty sure you just scamed me for 40 dollars.....
Expert:  NYFamilyLawyer replied 3 months ago.

Hello, new professional here.

I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals as well as landlord-tenant law.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney here.

Expert:  NYFamilyLawyer replied 3 months ago.

I just wanted to check if you're still here.

Customer: replied 3 months ago.
I just paid 40 for question and person scammed me and didn't answer my question
Expert:  NYFamilyLawyer replied 3 months ago.

I don't think he meant to do that. I'm sure he didn't. It might not have been his area of expertise.

I generally don't do child support but I have an advantage because I worked in another state's child support collection unit and I know what went on there.

Expert:  NYFamilyLawyer replied 3 months ago.

There are a few things that can be done.

First of all, you're allowed to file a complaint against DCSS. That's not the same as suing them but you can get this complaint done through an administrative process.

Here's a link to help you see if you qualify for filing a complaint against DCSS.

Expert:  NYFamilyLawyer replied 3 months ago.

You should be able to bring something against them for collection. Their collection efforts are failing, and that's a given.

Expert:  NYFamilyLawyer replied 3 months ago.

Do you have a specific caseworker there? Is there someone you can get in touch with? We were child support enforcement collectors in the state of Maine, even though I'm a licensed NY attorney. I worked there for 2 years. I saw what they did and how they collected arrears.

Expert:  NYFamilyLawyer replied 3 months ago.

Are you still here?

Expert:  NYFamilyLawyer replied 3 months ago.

You can let me know if you want some answers because I can tell you what DCSS can do.

If she's paying regularly, she's not in violation of an order and therefore you can't sue her.

However, you can file that complaint against DCSS and DCSS can take enforcement measures.
Just let me know if you want me to finish this question for you. I'll be happy to do so if I know you're viewing my answers and understand that I can answer your question for you.

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question.
You have now had two experts try to assist you and they have opted out as you have failed to reply to them. Did you have further questions for us, if so please use reply and respond and we would be glad to continue assisting.

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