On April 05, 2024 a
Order to Show Cause
was filed
involving a dispute between
In The Matter Of The Application Of Ben Gadsden,
and
Katherine Jansen
, Respondent-Indispensable Party,
New York City Department Of Social Services, Office Of Child Support Services,
for Special Proceedings - CPLR Article 78
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
______-----__________--__________________________________________------Ç
In the Matter of the Application of BEN GADSDEN
INDEX
NO.
Petitioner,
AFFIDAVIT
-against-
NEW YORK CITY DEPARTMENT OF
SOCIAL SERVICES, OFFICE OF
CHILD SUPPORT SERVICES
Respondent
And
KATHERINE JANSEN.
Respondent/Indispensable party
For a judgment pursuant to ARTICLE 78 of the
Civil Practice Laws and Rules
______________________________________________________________
State of New York )
County of Queens ) SS:
BEN GADSDEN being duly sworn deposes and says
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
1. I am the petitioner in this Article 78 proceeding
and make this affidavit in support of various immediate relief.
2. I am aware that child support arrears as set by the
Family Court can be difficult to remove. However, an error has
been made here by the Department of Social Services, Office of
Child Support Services (DSS/OCSS). Moreover, this case has
been complicated by the (possibly) fraudulent actions of
KATHERINE JANSEN (who is the mother of the subject child)
when she accepted these child support payments knowing well that
the payments were not intended for her since she had lost custody
of the child to her own mother.
3. I have specifically asked that the Department of
Social Services/Office of Child Support Services to further
investigate what happened in this case. I did submit
an inquiry to the Director of Account and Audit
for the OCSS, Kevin Hartje. He has admitted in writing
to the errors made by DSS in this case. However, when I
tried to correct this in Bronx Family Court, the Magistrate
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
Theodora Andreopoulos, SM indicated that she lacked the
jurisdiction to fix this. That is why this Article 78 has now been
brought by my attorney.
BACKGROUND
4. This case actually has a long history going
back to 2010. At that time I was paying child support
to KATHERINE JANSEN ("JANSEN"), the mother of my
daughter NAZAAYA GADSDEN (date of birth May 26, 2009).
Pursuant to the order of the New York County Family
Court I had been ordered to pay child support in the minimal
sum of $ 25.00 per month. This was modified to $ 91.00
per week as of May 25, 2012 and then raised. (Exhibit A)
5. What I was not aware of was that KATHERINE
JANSEN had lost custody of the child to her mother, CARMEN
JANSEN on May 19, 2014. (Exhibit B) In fact I had not/never
been served by Carmen Jansen with her custody petition. As a
result I was unaware that custody had actually changed and the
child only resided with her grandmother.
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
6. However, DSS/OCSS was aware of
the custody change. In July of 2014 DSS brought a petition
on behalf of the grandmother (Carmen Jansen) against
the mother to secure child support for Nazaaya and
another child (exhibitC). Obviously the Commissioner
was aware that KATHERINE JANSEN no longer had
custody of Nazayaa. While in recent paper work DSS/OCSS
claims it knew nothing of the change in custody, is just not
correct. It should be noted that I was never served (or received)
with any such petition. (Again see Exhibit C)
7. It was at this time that the error which is the
subject of this proceeding was made. From July 21, 2014 to
November 2, 2015 while my daughter was actively
on public
assistance with her grandmother, child support payments to
KATHERINE JANSEN properly stopped under CSMS
#NV97516S1. However, DSS/OCSS then wrongfully/incorrectly
created a second case against me under CSMS # NV97516C2 for
me to pay KATHERINE JANSEN even though she no longer had
custody of the child.
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
8. This is what created the error that is the
subject of this proceeding. I have not been able
to correct this error despite my various attempts to
do so. In fact, for a period of time I became obligated
to make duplicate support payments to the mother
KATHERINE JANSEN under CSMS # NV97516S1 and CSMS
# NV97516C2. Records should show that I made duplicate
payments from 2019 to 2022 and became subject to enforcement
actions that continue to this day. By my calculation I have
overpaid by $ 13,774.75 o CSMS NV97516C2 and $ 3,738.26 on
CSMS NV97516S1. Given the opportunity at a hearing I can
prove this to the Court.
9. Despite KATHERINE JANSEN's loss of custody
to her mother, DSS/OCSS continued to collect and receive child
support payments for her. In fact an arrears began to accrue
against me which was without my knowledge.
10. In fact, on October 4, 2019 I appeared in Family
Court, Bronx County and attempted to this fact to the
bring
attention of the Magistrate. Yet no one believed me and the
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
Petition was dismissed on December 12, 2019 (Exhibit D). This
Exhibit actually shows that despite being advised, the Court still
shows that custody was allegedly
still with KATHERINE
JANSEN. This allowed her to improperly or even fraudulently
collect child support from me through DSS/OCSS.
11. In fact, my attorney tells me that he has spoken to
counsel at DSS and has been told that payments to the maternal
grandmother ceased. Yet, I want to assure the Court that I never
made any payments to CARMEN JANSEN (the grandmother)
Instead, payments to the mother, KATHERINE JANSEN
continued even though she did not have custody. Apparently
DSS claims that no one told it to stop payments to the child's
mother even though the child was no longer with her! DSS/OCSS
was surely aware of this change.
12. Documents show that it was not until December 19, 2022
that the Family Court officially terminated Child Support payments
(Exhibit E) Despite the fact that KATHERINE JANSEN had
lost custody of NAZAAYA GADSDEN in 2014 and DSS had
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
closed the public assistance case I was (and still am) still obligated
to pay child support and any arrears. That should not have
happened since KATHERINE JANSEN should not have been
receiving any support for her daughter who was not with her and
for whom she did not have custody.
"logical"
13. While all of this seemed to me, DSS did
not/does not seem to agree. The position of the Office of Child
Support Services seems to be that despite its error and
KATHERINE JANSEN's loss of custody
back in 2014, I am
obligated to pay any and all arrears. In
May and
October of 2023 the Office of Child Support Services
initiated a hold on my bank account for arrears in the amount of
$ 17,251.66. (Exhibit F)
14. In fact, I have recently received two child support
"bills"
from DSS/OCSS (Exhibit G ). If the Court will review
"error"
these documents it can see that the continues apparently
caused by KATHERINE's JANSEN's incorrect (or fraudulent)
receipt of child support. These two bills show that they are for
-7-
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
child support purportedly due to KATHERINE JANSEN .
Yet, KATHERINE JANSEN , as noted, has not had custody of
the child since 2014. In fact bill even though the
billing under CSMS NV97516S1 shows no arrears, a child
support payment is due! How can that be? As far as the bill
ending in CSMS #NV97516C2 that is (I believe) the arrears
covering the period of time that KATHERINE did not have
custody. This actually shows a double payment for the two bills.
This is despite the fact that my lawyer brought this error to the
attention of the
attorney for the DSS it has not been corrected.
15. Apparently, DSS/OCSS has made some efforts to
remedy its errors. On January 11, 2024 Kevin Hartje closed the
case CSMS #NV97516C2. However, any purported arrears were
transferred to the case CSMS #NV97516S1. Yet that latter case
had already been closed and had no arrears.
-8-
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
CONCLUSION
16. This Article 78 should be granted and I should be
relieved from any obligation created by fraud and error.
I also ask the Court to return any overpayment that I made
to KATHERINE JANSEN. If DSS made an error in making
payments to the mother then it should not be me as an innocent
party who is forced to have made these overpayments.
17. These monies were incorrectly
taken from me.
As the Court can see these improper deductions
have commenced once again to pay an alleged arrears to
KATHERINE JANSEN who has not had custody in
ten years. That is why I request certain immediate relief.
I have have been
already lost my driver's license. My taxes
seized. My passport is suspended. I have had my bank
account seized twice. This needs to stop at once.
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024
18. No prior application for the relief sought
herein has been made.
BEN GADSDEN
Duly sworn to before me t
ay of , 2024
N . rk
N TARY PUBLIC x
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Document Filed Date
April 05, 2024
Case Filing Date
April 05, 2024
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ______-----__________--__________________________________________------Ç In the Matter of the Application of BEN GADSDEN INDEX NO. Petitioner, AFFIDAVIT -against- NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, OFFICE OF CHILD SUPPORT SERVICES Respondent And KATHERINE JANSEN. Respondent/Indispensable party For a judgment pursuant to ARTICLE 78 of the Civil Practice Laws and Rules ______________________________________________________________ State of New York ) County of Queens ) SS: BEN GADSDEN being duly sworn deposes and says 1 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 1. I am the petitioner in this Article 78 proceeding and make this affidavit in support of various immediate relief. 2. I am aware that child support arrears as set by the Family Court can be difficult to remove. However, an error has been made here by the Department of Social Services, Office of Child Support Services (DSS/OCSS). Moreover, this case has been complicated by the (possibly) fraudulent actions of KATHERINE JANSEN (who is the mother of the subject child) when she accepted these child support payments knowing well that the payments were not intended for her since she had lost custody of the child to her own mother. 3. I have specifically asked that the Department of Social Services/Office of Child Support Services to further investigate what happened in this case. I did submit an inquiry to the Director of Account and Audit for the OCSS, Kevin Hartje. He has admitted in writing to the errors made by DSS in this case. However, when I tried to correct this in Bronx Family Court, the Magistrate -2- 2 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 Theodora Andreopoulos, SM indicated that she lacked the jurisdiction to fix this. That is why this Article 78 has now been brought by my attorney. BACKGROUND 4. This case actually has a long history going back to 2010. At that time I was paying child support to KATHERINE JANSEN ("JANSEN"), the mother of my daughter NAZAAYA GADSDEN (date of birth May 26, 2009). Pursuant to the order of the New York County Family Court I had been ordered to pay child support in the minimal sum of $ 25.00 per month. This was modified to $ 91.00 per week as of May 25, 2012 and then raised. (Exhibit A) 5. What I was not aware of was that KATHERINE JANSEN had lost custody of the child to her mother, CARMEN JANSEN on May 19, 2014. (Exhibit B) In fact I had not/never been served by Carmen Jansen with her custody petition. As a result I was unaware that custody had actually changed and the child only resided with her grandmother. -3- 3 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 6. However, DSS/OCSS was aware of the custody change. In July of 2014 DSS brought a petition on behalf of the grandmother (Carmen Jansen) against the mother to secure child support for Nazaaya and another child (exhibitC). Obviously the Commissioner was aware that KATHERINE JANSEN no longer had custody of Nazayaa. While in recent paper work DSS/OCSS claims it knew nothing of the change in custody, is just not correct. It should be noted that I was never served (or received) with any such petition. (Again see Exhibit C) 7. It was at this time that the error which is the subject of this proceeding was made. From July 21, 2014 to November 2, 2015 while my daughter was actively on public assistance with her grandmother, child support payments to KATHERINE JANSEN properly stopped under CSMS #NV97516S1. However, DSS/OCSS then wrongfully/incorrectly created a second case against me under CSMS # NV97516C2 for me to pay KATHERINE JANSEN even though she no longer had custody of the child. -4- 4 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 8. This is what created the error that is the subject of this proceeding. I have not been able to correct this error despite my various attempts to do so. In fact, for a period of time I became obligated to make duplicate support payments to the mother KATHERINE JANSEN under CSMS # NV97516S1 and CSMS # NV97516C2. Records should show that I made duplicate payments from 2019 to 2022 and became subject to enforcement actions that continue to this day. By my calculation I have overpaid by $ 13,774.75 o CSMS NV97516C2 and $ 3,738.26 on CSMS NV97516S1. Given the opportunity at a hearing I can prove this to the Court. 9. Despite KATHERINE JANSEN's loss of custody to her mother, DSS/OCSS continued to collect and receive child support payments for her. In fact an arrears began to accrue against me which was without my knowledge. 10. In fact, on October 4, 2019 I appeared in Family Court, Bronx County and attempted to this fact to the bring attention of the Magistrate. Yet no one believed me and the -5- 5 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 Petition was dismissed on December 12, 2019 (Exhibit D). This Exhibit actually shows that despite being advised, the Court still shows that custody was allegedly still with KATHERINE JANSEN. This allowed her to improperly or even fraudulently collect child support from me through DSS/OCSS. 11. In fact, my attorney tells me that he has spoken to counsel at DSS and has been told that payments to the maternal grandmother ceased. Yet, I want to assure the Court that I never made any payments to CARMEN JANSEN (the grandmother) Instead, payments to the mother, KATHERINE JANSEN continued even though she did not have custody. Apparently DSS claims that no one told it to stop payments to the child's mother even though the child was no longer with her! DSS/OCSS was surely aware of this change. 12. Documents show that it was not until December 19, 2022 that the Family Court officially terminated Child Support payments (Exhibit E) Despite the fact that KATHERINE JANSEN had lost custody of NAZAAYA GADSDEN in 2014 and DSS had -6- 6 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 closed the public assistance case I was (and still am) still obligated to pay child support and any arrears. That should not have happened since KATHERINE JANSEN should not have been receiving any support for her daughter who was not with her and for whom she did not have custody. "logical" 13. While all of this seemed to me, DSS did not/does not seem to agree. The position of the Office of Child Support Services seems to be that despite its error and KATHERINE JANSEN's loss of custody back in 2014, I am obligated to pay any and all arrears. In May and October of 2023 the Office of Child Support Services initiated a hold on my bank account for arrears in the amount of $ 17,251.66. (Exhibit F) 14. In fact, I have recently received two child support "bills" from DSS/OCSS (Exhibit G ). If the Court will review "error" these documents it can see that the continues apparently caused by KATHERINE's JANSEN's incorrect (or fraudulent) receipt of child support. These two bills show that they are for -7- 7 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 child support purportedly due to KATHERINE JANSEN . Yet, KATHERINE JANSEN , as noted, has not had custody of the child since 2014. In fact bill even though the billing under CSMS NV97516S1 shows no arrears, a child support payment is due! How can that be? As far as the bill ending in CSMS #NV97516C2 that is (I believe) the arrears covering the period of time that KATHERINE did not have custody. This actually shows a double payment for the two bills. This is despite the fact that my lawyer brought this error to the attention of the attorney for the DSS it has not been corrected. 15. Apparently, DSS/OCSS has made some efforts to remedy its errors. On January 11, 2024 Kevin Hartje closed the case CSMS #NV97516C2. However, any purported arrears were transferred to the case CSMS #NV97516S1. Yet that latter case had already been closed and had no arrears. -8- 8 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 CONCLUSION 16. This Article 78 should be granted and I should be relieved from any obligation created by fraud and error. I also ask the Court to return any overpayment that I made to KATHERINE JANSEN. If DSS made an error in making payments to the mother then it should not be me as an innocent party who is forced to have made these overpayments. 17. These monies were incorrectly taken from me. As the Court can see these improper deductions have commenced once again to pay an alleged arrears to KATHERINE JANSEN who has not had custody in ten years. That is why I request certain immediate relief. I have have been already lost my driver's license. My taxes seized. My passport is suspended. I have had my bank account seized twice. This needs to stop at once. -9- 9 of 10 FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2024 18. No prior application for the relief sought herein has been made. BEN GADSDEN Duly sworn to before me t ay of , 2024 N . rk N TARY PUBLIC x -10- 10 of 10