Legal Question in Family Law in New York

child support

My ex is suppose to pay child support, He is putting the money ion a bank savings account for my son. Instead of giving it to mee to support my son. I am unable to pay all the bills and support my son due to the fact that I do not have enough money. Now he is using the fact that I cannot support my son as a way to get custody of him. Is this legal?


Asked on 11/09/06, 10:08 pm

3 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: child support

No. He is required to pay YOU child support not put it in the bank. Why don't you take him to family court and get an Order of Support?

If he still doesn't pay you he could eventually wind up in jail.

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Answered on 11/09/06, 10:33 pm
Seth Kaufman Kaufman PLLC

Re: child support

A child support order directs payments to the custodial parent. If you already have an order, you should file an enforcement/violation petition. If you do not have an order, you should consider filing a petition for one. In any event, you should consult a qualified attorney as soon as possible to discuss your situation in detail and get a full understanding of your rights, available options and possible consequences of not exercising them.

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Answered on 11/10/06, 12:48 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: child support

Absent a separate agreement child support is supposed to be paid to the custodial parent, not a bank.

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 11/10/06, 5:19 am


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