Keith Jay was the biological father of twin boys. The Department of Social Services brought a proceeding against the boys’ mother. This proceeding sought to terminate the mother’s parental rights and allow the twin boys to be adopted.

Keith Jay intervened in the proceeding. He requested a court order stating that since he was the father his consent was required before his children could be adopted. The Department of Social Services took the position they were only required to provide notice to Keith concerning the adoption of his children because Keith had fallen behind in his child support payments to his children. Keith was able to show the court he had maintained regular contact with his sons. In response to the Department of Social Services contention that he had not paid his child support payments, he provided documentation to the court his tax refund was seized to pay for his child support obligations.

Seized Tax Refunds Satisfy Child Support Obligations

Judge Ellen Greenberg, sitting in a Family Court Part in Nassau County, held the tax refunds that were seized, which belonged to Keith, did satisfy his financial obligations to make child support payments for his children. Judge Greenberg took the position that she saw no distinction between involuntary payments of child support through a wage garnishment order or the seizing of tax refund checks and the voluntary payments of child support by a father. She therefore concluded even though Keith had never shown any interest in becoming the custodial parent of his children he is deemed to be the father of the children and his consent would be required before the children could be adopted.

Elliot Schlissel is a father’s rights lawyer representing fathers throughout the Metropolitan New York area with regard to child custody and child visitation proceedings.