Legal Question in Family Law in New York

spousal support and arrears

I am seperated now 7 years. In 1997 a court ordered that my seperated spouse pay me spousal support every week as well as medical insurance for me and my three children. I moved to another state with my children since I needed surgery and needed to be closer to my family so they could help while I convalesced. At this time my spouse asked me to write a note to the collections dept and tell them that he would pay me directly. Since we were in another state it made it easier to get the money every week from him directly. After a while, he stopped paying me. Now he is on disability SSD for a mental problem and says he is not responsible for paying me the spousal support and hasnt paid since 1999. He is now in arrears of about $7000 not to mention the out of pocket medical that he owes me. I cannot afford an attorney and he has a family member for an attorney so he gets out of these legal obligations. Is he still obligated to pay this spousal support and if so am I entitled to the arrears as well? I do get benefits for the children from his disability but this is not spousal support and I cannot seek medical attention that I need.

Thank you for your help.


Asked on 7/10/02, 3:35 pm

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

Re: spousal support and arrears

You should go to your local department of social services.

Federal law mandates that they provide support collection / enforcement services - - EVEN to individuals *not* otherwise eligible for or receiving any public assistance.

This is, in the grand scheme of things, probably the most efficient and cost-effective way for you to proceed.

It is certainly worth your time / effort to go talk to them - - you won't be under an obligation to utilize their services; but they can and will explain to you how it is accomplished.

[[ DO collect as much of your "ancient" paperwork as you can before you call to make the appointment !! ]]

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 7/10/02, 9:59 pm


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