Legal Question in Family Law in New York
Child support needed
I have been separated and then divorced since April 1998 living in California with my Ten year old son. His father is residing in New York, I am not sure if he is working, but I have an address for his residence. There is a court judgement of $300.00/month for child support granted to me, but the father has not paid every month on time, nor did he pay for the first year of our separation and now five months. I'm trying to find out how to go about getting a lien on his paychecks or something so I can get his support. I am working full-time plus going to school in the evenings. I have tried calling the court house in New York and California, and I've been just getting the run around without any help. Is there any chance of getting some help? Thank you.
4 Answers from Attorneys
Re: Child support needed
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
No one at the courthouse including the judges can give you legal advice (except lawyers at the Facilitator's Office, see below). However, you have several options: hire a lawyer in the NY county where your original support order was issued to represent you; contact the Family Law Facilitator's Office at your local California court house for assistance; contact the comparable office in the NY county where your support order was issued; get a how to do it book for NY and do it all yourself.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Child support needed
If you know where he is working you can obtain an a wage assignment from his employer. The California court that issued the child support order can issue the order (you must prepare the order), but you will need to know his employer. The Facilitator's office can help you prepare the form. Good Luck, Pat McCrary
Re: Child support needed
Did you get divorced in CA or NY. If you got divorced in CA, file child support should have been part of final judgment. If not , due to some reason, file your petition for child support, in the county you and your son lives, supposing, is the court where you got your final divorce. Set it for hearing and serve it upon the father you know, where he lives. Once you have court judgment/order for child support, you can get district attorney, child support division, for enforcement purposes.
Re: Child support needed
You need to file a petition in the Family Court of the county where your ex resides. You can "appear" (i.e attend the hearing) by telephone. You need to gather up all of your paperwork regarding the support, and then fill out the paperwork for NYS. You can request the child support be garnished from his wages.
I hope this helps.