Legal Question in Family Law in New York
My daughter's ex-husband has been sending monthly payments for child support as ordered by the Judge including an extra $1000.00. He recently realized his error and is now stopping her alimony money until all the extra money he paid out is retreived. It is very difficult financially for her to return any monies at this time. Is this legal?
1 Answer from Attorneys
I hope she spoke with an attorney. Child support is handled differently than maintenance (a.k.a. "alimony"). The child support is the child's money, btw, and if he was overpaying on court-ordered maintenance/alimony, that is another matter separate from the children's money. The court usually handles non-payment of support via things such as suspending licenses, even jail, but this seems to be a different scenario (not enough info here to fully answer-did you state "alimony" by mistake?). They may also consider that she knew about the extra money and ask where it is, or that she used it to pay for special circumstances for the kids she normally might have had to go to court for for an adj-many variables.