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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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My car was seized by taxation and finance for child support

Resolved Question:

My car was seized by taxation and finance for child support for my husband. The car is currently registered and has the title in my name, but was previously registered to him. He has a van that was taken by them a few months ago and he paid to get it back.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

What is your legal question for me?
Customer: replied 1 year ago.
Did they legally have a right to take the car if it is registered and owned by me now, even though it was registered to him when they took his van. I use the car all the time and have been taking it to work, etc since we had it. He bought the car for me originally and I actually made many of the payments due to his financial hardship at the time.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

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!

Customer: replied 1 year ago.
Isn't there a partial exemption for the cars value also. Doesn't ny allow 4,000 for exemption and if the value of the car is less than this can it be given back without paying the fee if you get some type of exemption letter.
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

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!
Customer: replied 1 year ago.
His van was already taken and he paid to get it back, could it be taken again? We are experiencing financial hardship. If he pays a small amount , but not what the order says, will they still try to take property, etc. I am going to have to try and get money to get my car back and it seems unfair that I am being forced to pay for the child support.
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Unfortunately, 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!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12908
Experience: Experienced Licensed Attorney
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