Legal Question in Family Law in New York
My ex husband has lost his job and is not paying me child support. He has no intention of finding another job. His new wife is willing to pay all of his bills EXCEPT his child support. Since they are legally married, is she now responsible to pay his child support?
1 Answer from Attorneys
If there is an order outstanding, he has to comply with the order. If he fails to do so, you can file a motion for contempt. The judge will not care if he chooses not to work. Instead, (s)he should look at his ability to obtain work. He can remain unemployed, but indirectly his wife will have to pay to keep him out of jail.
Definitely, the first step is to go to court and file for a motion for contempt and back child support. Judges are extremely tough on parents who fail to pay. Jail time is definitely an option for those who remain in violation of the court's order.
(Licensed in New York)
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