Legal Question in Family Law in New York

debt

according to my divorce papers, my ex is supposed to make a weekly payment to me for our debt. he decided he longer has to pay it because now he has to pay child support. i had to go to court to have the child support enforced because he felt that he didn't have to pay it. how do i go about collecting the debt money? what court do i go to, what papers do i have to file. i can not afford a lawyer. thank you!


Asked on 1/17/05, 8:05 pm

3 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: debt

He may be in contempt of court and therefore may be arrested to pay a court ordered amount. You may also be entitled to attorney's fees. I offer free consultations.

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Answered on 1/17/05, 10:58 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: debt

If you have a clear and specific Judgement for the Debt and documentary evidence of your EX's failure to pay, you may be able to have his wages garnished for the judgment sum.

Your "proposed" garnishment order may be submitted to the Court, that issued the Judgment on the Debt, along with the necessary supporting docs, FOR A JUDGES SIGNATURE. Then, the Garnishment is served on your EX and his Employer, according to the Court's "service" requirments.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/19/05, 4:47 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: debt

Go back to the court that issued the divorce order. That is the correct court.

Once there, you will be asking the court to issue an order for him to pay on penalty of 'contempt of court'.

There are free lawyers available who can assist you. Ask at the court for reference to the proper room in the courthouse.

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Answered on 1/18/05, 11:36 am


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