Legal Question in Family Law in New York
Receipt of child support payments
My ex hasn't paid support in just over 1 year. Our divorce has been official for over 2 years. The child support amount to be received is written in the divorce papers. We did not go to court. I contacted a local lawyer who told me that I was the one who needed him(my ex) to sign a receipt saying that he paid his support. The ex has receipts signed by me. Is it really neccesary for me to keep receipts? The lawyer told me I would not receive any back support because of this.
2 Answers from Attorneys
Re: Receipt of child support payments
If the judgment or stipulation spell out the child support paid, and your ex-spouse has not paid that agreed to amount - you may take the ex to family court for payment of child support, and for arrears. You may also be able to file a "willfulness" petition which would place further pressure on the paying spouse. As for your question about receipts - I am not sure what you mean by needing to file receipts - but if the ex has not paid - there would not be a receipt and it would be up to the ex to prove payment. Good luck. If you wish to clarify the last part of your question - feel free to write.
Re: Receipt of child support payments
Suggest you get the Order modified, by having the payments go through the Support Collection Unit.
You can do this in the Family Court, where you can also petition for the arrears at the same time.
Hope this helps.
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