Legal Question in Family Law in New York

Child Support

My daughter is getting a divorce. Her husband is not regularly paying child support for their 2 children and not the correct amount when he does pay. Her lawyer told her she cannot have the money taken out of his paycheck because he does not want it taken out and he must agree. She can't pay her rent without this money. What should she do. He gave her a check this week and the bank won't cash it as he doesn't have the money in the account to cover it. Thank you


Asked on 10/26/05, 12:09 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Child Support

If there is an order of support that is not being complied with, your daughter might consider commencing an enforcement proceeding. There are various remedies available for wilful failure to obey an order of support under the Family Court Act, including income execution and incarceration. More details, particularly about the order and the payment history, are needed to determine the right way to go.

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Answered on 10/26/05, 7:55 pm


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