Legal Question in Family Law in New York
I got a divorce a few years back, we just sold the house in sept, which really wasn't suppose to happen until oct, 2011, anyways my husband was suppose to pay the mortage, taxes, electric & heat instead of child supoort, well since that day in september 2010, he has paid NOTHING. How can I get him to pay child suppor now to me? I have 3 children 20, 19 & 17 which 2 are in college? Please advise?
2 Answers from Attorneys
Do you have documentation of his failure to pay the mortgage, etc? I assume that there was a custody and support agreement that was filed with the court pursuant to the divorce. Was this order modified to show the new arrangement regarding payment of the mortgage in lieu of child support or was that in the original agreement? Without having all of the facts it is not really possible to determine the best way to proceed or what your options are.
Disclaimer: This answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
You should file a petition with the Family Court for Child Support. You may go to the intake room at the Family Court and a clerk will help you complete the petition form.
Mike.
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