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.
1 Answer from Attorneys
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.