Legal Question in Family Law in New York

college fund contributions

NY Supreme Court ruled father contribute 100$/mo per child and mother 30$/mo per child to existing 529 accounts in divorce settlement. Father in arrears 12months =2400. Support magistrate advised to file in small claims. Where do you file when amount is over small claims limit? Who upholds Supreme Court judgement other than support magistrate? thanks.


Asked on 10/14/08, 1:39 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: college fund contributions

I do not understand your question. In particular:

1. Supreme Court ruling is child support or maintenance (alimony)?

2. If father to contribute $100 per month and in arrears for 12 months, that is $1,200. How do you calculate $2400?

3. How did you get to a support magistrate? Did you file for child support in Family Court? If yes, support magistrate has jurisdiction to enforce Supreme Court child support order.

4. Small claims limit is $5,000. How is the amount you are seeking ($2400) over the small claims court limit?

Very confusing. Please get your facts together and resubmit question.

Mike.

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Answered on 10/14/08, 1:53 pm


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