Legal Question in Family Law in New York

Help with child support

I finally have received a court date for my child support arrears. My ex refuses to pay child support unless I take hime back to court. It takes me almost 6 months to get a court date. When we go to court the judge allows my ex to call in from Florida (where he lives)and I have to loss work and go to court. At this point the judge always postpones the case because the judge always allows him extra time to pay. In the past the judge has postponed three times. How can I get the judge to lock him up. Why do they threaten punishment and not follow with it. I have asked for a purge amount, and was told that it has to go to trial. How do I insist that he be present for my court date coming up. Please help.


Asked on 9/21/05, 9:43 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Help with child support

Under most circumstances, the Court will want to have a fact-finding hearing (a trial) before holding a payor in wilful violation of an order of support. Your attorney needs to press for a hearing and to compel the father's appearance for proper examination. Also, you should look into having FL enforce the NY order under UIFSA (Uniform Interstate Family Support Act) if it has been enacted there.

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Answered on 9/23/05, 3:55 pm


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