Legal Question in Family Law in New York

Collecting past-due child care and medical payments

In August of 1998 we divorced and an order or support and visitation was put into effect. Bi-weekly support is passed to me through through the County CSE Unit. The Child Care and medical payments were to be 47% reimbursed directly to me by my ex-husband upon my presenting him with receipts. I have tried numerous times to do this and he hasn't paid a dime of these expenses to me, refuses to discuss it and won't even take the receipts. I tried contacting CSE to bring it back into court for this and for adjustment because his pay has almost tripled since '98 as well, but nothing has happened. How should I proceed at this point? The $$ amount owed has grown quite large over the years and I'm concerned about how college payments will be handled in 3 years.

Thanks for anything you can offer.


Asked on 12/07/05, 2:56 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: Collecting past-due child care and medical payments

I am afraid that you will have to go to family court to ask for the medical payments. At that time an order will be entered for CSE to collect the extra funds.

At the same time you can ask for a modification of the basic support payments unless the support is based on an agreement made with your husband. If you have made an agreement the fact that he has started earning more money is not enough to ask for a modification of support. There also has to be other "Change in Circumstances." For a Change to be found the court will have to be presented with a number of items that show how your children's situation has changed. The greater income is one of the items that can be considered but more is needed.

I would suggest reviewing the matter with an attorney, but once you have you could probably proceed on your own.

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Answered on 12/09/05, 10:42 am


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