Legal Question in Family Law in New York
violation of court ordered arrears
April 1st, 2007, the order went into affect that he had to start paing support thru support collection agency, plus arrears to be paid in full directly to me by may 15th. he has done niether. I filed papers for a violation- which could take 2 months to materialize into a court hearing. What happens if i recieve a payment just before the court date? Can I still show up and charge him with delinquency anyway? Because ultimately he did still break the agreement. Is the judge obligated to charge him with anything?
1 Answer from Attorneys
Re: violation of court ordered arrears
If you filed the petition you should show up and inform the court of the status of payments. If you do not there is no harm, if he pays and then fails to pay sometime thereafter you may file another violation petition. Chances are the payments have been made, just not forwarded to you yet.