Legal Question in Family Law in New York

child support

My ex husband was ordered to pay monthly. plus 60% medical and 60% tuition. Our daughter is in her 3rd year of college and he owes over 12,000.00. He was out of work but now is working. What can I do?


Asked on 2/05/09, 8:06 am

1 Answer from Attorneys

J. Douglas Barics Law Office of J. Douglas Barics

Re: child support

Since your ex husband was out of work, there might be a valid reason why he fell behind, although I have no idea if he was able to make partial payments or what efforts he made to stay current or address his loss of employment.

If you believe your ex husband is acting in good faith, your best bet is to try to work out a repayment plan with him, keeping in mind that the existing order stays in effect unless it is modified by a judge. This means he has to comply with the order plus make additional payments to pay down the arrears.

If you are unable to work with your ex, you can return to court to enforce the order. You can request that his pay be garnished, his tax refunds intercepted, attach his bank accounts, and even seek to hold him in contempt if his non payment is willful.

Your specific options will depend on a number of factors not present in your message. You should speak to a lawyer for specific advice.

J. Douglas Barics

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Answered on 2/05/09, 9:05 am


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