Legal Question in Family Law in New York

Fathter behind in child support and alimony.

Father continues getting way behind in child support and alimony. I hear of things that can happen to make them pay, but are they ever enforced. Exactly what can happen to fathers who don't pay or are way behind.


Asked on 1/08/02, 1:03 pm

2 Answers from Attorneys

Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Fathter behind in child support and alimony.

If you are in NY State, you can file a proceeding in Family Court. If you need an attorney to compel the payment of child support, the process can get tedious and expensive. However, you would likely need an attorney if the amount of money outstanding is significant. If the amount of money outstanding is not sufficient to make it worth your while to hire an attorney, you can file an enforcement or violation proceeding in Family Court. Many of the Courts will assist you in filling out the papers (others will not). You can also go through a child support collection company. There are several out there that offer to collect your support and they do not get paid if you do not get paid. You can see some of them on www.millenniumdivorce.com. If you succeed in proving that your ex is in violation of the support order, there are tools such as the revokation of his driver's license available to the court to compel prompt and continued payment. If he has a professional license, that could also be at risk. Good luck.

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Answered on 1/09/02, 6:22 am
Daniel Clement Law Offices of Daniel Clement

Re: Fathter behind in child support and alimony.

VIOLATORS OF CHILD SUPPORT ORDERS ARE PUNNISHED. It is actually up to you, however, to enforce the child support award. You can garnish his wages, cause his driver's or any professional license to be suspended or even have him incarcerated.

If you require some assistance or representation, please feel free to contact me.

Daniel Clement

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Answered on 1/09/02, 10:23 am


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