Legal Question in Family Law in New York
childsupport
I have been divorced for 2 years my ex husband is not keeping up with his child cupport payments do I need to rehire an attorney to have his salary garnished. I've asked him many many times for the past year & he keeps making excuses & telling me to go to hell. Please adivse if I need an attorney to do this. thank you
3 Answers from Attorneys
Re: childsupport
Although you may retain an attorney, the procedure set up in Family Court to enforce child support is fairly easy.
You would go to Family Court in the County where the child is located. Bring with you your latest tax return, paystub and a copy of either the Judgment of Divorce or Order for Child Support.
The intake room at the Family Court will help you complete the necessary papers. The Court will also either serve the papers for you, or will explain how the papers should be served.
There will be a return date on the petition. You would have to appear in Court. The burden would be on the husband to explain why payments have or have not been paid.
Mike.
Re: childsupport
While it is usually better to retain a lawyer, it is not necessarily and many people sucessfully represent themselves in Family Court, especially when the issues are not complex.
If your ex husband is a W-2 employee, you can file a petition in Family Court to have the support taken out of his check directly.
J. Douglas Barics
Re: childsupport
I would strongly suggest hiring an attorney, otherwise there
May continue to be delays in your payments.
Contact us at 2127098303 for assistance on this case.