Legal Question in Family Law in New York

Working parent claims he doesn't work there.

My ex is $10,000 in arrears and has made only one payment since the support order was put into affect in July of 2005. I found out that his job is saying he is no longer an employee, I know for a fact that not only does he still work there but he is a contractor and leases his tractor trailer out to this large moving company. What steps can I take aside from a violation order (which I am currently petitioning the courts for) to hold himself or his company responsible for these payments?


Asked on 2/15/06, 9:45 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Working parent claims he doesn't work there.

If your Ex has not paid any child support since entry of the Order, there is probably nothing that you should try to do, except, to follow through with your violation petition.

You should then plan on providing proof to the Court, that your Ex's failure and refusal to pay child support, is "willfull;" and that his refusal to pay, from his resources, assets, income, etc., (within his control), IS contemptuous of the children and of the Court's Order for child support.

If the Court holds your EX "in violation" and "in Contempt of Court," with the threat or his actual jailing, until he comes up with the arrears, "the Company" "hiding" your Ex's income, is likely to come up with the money, to "bail" him out; and hopefully, your EX will be reminded that child support, IS AN OBLIGATION, enforceable by law.

Good luck,

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Answered on 2/15/06, 5:24 pm


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