21 – NYS Support Collection Unit Has Many Scams
NYS Support Collection Unit has many scams where they are illegally adding more arrears than is owed, increasing cost of living more than is required by law and is illegally suspending driver’s licenses for those that owe back support. The following video goes into more detail concerning these frauds.
NYS Support Collection scams defrauding parents (15:05)
Video https://youtu.be/t4hxeewGi_s
Documents
https://justice4ny.com/25-scu-new-accou…od-documentation/
https://justice4ny.com/nys-child-support-collection-scams/
First scam by example:
The court has determined the person is to pay $100 per week child support, owes $1,000 in arrears and is to pay $50 per week on those arrears. Weekly obligation on current support is only $100.00.
Should be:
Pre Bal Obligation Payment New Bal
$1,000 $100 $0 $1,100
SCU does: (100 + 50 = 150)
Pre Bal Obligation Payment New Bal
$1,000 $150 $0 1,150
$50 is already included in the previous balance and is not owed again.
SCU does if only current support payment made:
Pre Bal Obligation Payment New Bal
$1,000 $150 $100 $1,050
Notice your arrears have gone up as your new balance has gone up, even though you made your weekly support obligation. Again, the $50 is already included in past support owed.
SCU does when you make full payment (current + arrears)
Pre Bal Obligation Payment New Bal
$1,000 $150 $150 $1,000
You have just paid $50 on arrears, but the amount you owe has not been reduced.
The only way your arrears get reduce is with the administrative add on that in my opinion is illegal.
The SCU is committing fraud!
2nd scam: CPLR 5241 is unconstitutional as it deprives a person of due process and equal protection of the law.
CPLR S 5241 allows a State Agency and/or a County Agency, namely the Support Collection Unit to violate and/or to override a judge’s court order of support concerning arrears without a court hearing.
Under CPLR § 5241 the Support Collection Unit is allowed to increase the amount of the weekly court ordered payment towards arrears that are allegedly owed. Thereby, allowing them to collect more money in a deduction order than what the court has ordered. Example. You pay $100 current support, $50 court order on arrears and then the SCU will add another $50 or more so they will be demanding you pay $200 per pay period instead of the court ordered $150 thereby overruling the judge’s order.
The court of appeals and the appellate court both refused to address this issue when I raised it.
3rd scam: Cost of living increase. In determining the cost of living increase, the SCU is not allowed to use the amounts they are collecting for child care, medical, educational and spousal support. For example you pay $115 per week basic child support and another $40 for day care and 30 Medical for a total of $185. The cost of living increase is 10%. Therefore, your increase should be $11.50. The SCU will determine $18.50. If you object, pursuant to Thompkins County Support Collection Unit, on behalf of Linda S. Chamberlin v. Boyd M. Chamberlin, 99 N.Y.S.2d 328 (2003) it becomes a de novo hearing that means child support is re-determined. I used this to lower a father’s support obligation and it was dismissed as this law is meant to only increase child support and not lower it. This is a denial of due process and equal protection of the law. In short, you cannot object to paying more support if you are making less money!
4th scam is the illegal taking of driver’s licenses. There are requirements that the SCU must follow in order to suspend a driver’s license. I have seen in many cases where they do not follow the law. The SCU is required to give you 45 days notice of the suspension. Usually the Department of Motor Vehicles sends out a notice about 10 days before they suspend the license and this is the only notice the father is given. As a note, the SCU will suspend a driver’s license even if the parent is making his support obligation and paying something on arrears. How many fathers have lost their jobs or cannot see their children because of an illegal court order or an illegal suspension of their license?
Pursuant to Social Services Law §111-b(12)(b)(3) a driver’s license cannot be suspended by the SCU if you are under an income deduction order. If your employer is taking money out of your pay check each week pursuant to the SCU, they have no right to suspend your license. Also, the SCU has no right to suspend a driver’s license where the father’s income is below the self-support reserve.
You need to know your rights and how to address these issues in court.
Justice4NY – Exposing Judicial Corruption & the Violation of Constitutional Rights
Charles E. Colllins
518-274-0380 www.justice4ny.com. Check out my other “rants” This is #21
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