Legal Question in Family Law in New York

deductions from alimony payment

In my agreement it was stated that my husband soon to be ex- was supposed to have payed up to the end of May on all house bills including utilities and insurances, etc. I am supposed to be getting maintenance and child support. Well yesterday I received a letter by registered mail from my lovely husband that he was sending this because he was planning to deduct $800 dollars that he claims I owe him, such as gas money, and three days of cable and 3 days of car insurance and my daughter's piano lessons etc, etc. Meanwhile he is still at the house, I have paid him 35,000 to get out and he was told he could have 60 days. He is living for free, using the phone, electricity, food etc. He did not pay all of the utilities as I have found and he is telling me that he can deduct these so called things i owe him. I am told that since the divorce agreemnet has not been signed by the judge yet, then I can not go into family court to say that he is not paying the alimony, and deducting some bogus things, as welll as not payed the house utilities. Is there anything that I can do?


Asked on 6/23/04, 9:21 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: deductions from alimony payment

Contact your lawyer and have him or her send a demand letter to your ex to conform his conduct and payments to the stipulation, within a set time period.

Afterwards, you may have then have the option of seeking court enforcement of the stipulation/order or agreement via Order to Show Cause.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/01/04, 7:01 pm


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