Legal Question in Family Law in New York
My divorce decree finalized May 20, 2009 mandates my ex-husband to pay child support of $120. per week directly to me for the support of our two sons. We have three children together, one is twenty living with her child and fiance'. An eighteen year old son living on his own (not emancipated) graduated June 20, 2009. Our seventeen year old son lives with me and goes to eleventh grade this coming fall. For the past three weeks the ex has failed to pay the support after receiving his child support notice to appear in court on August 18, 2009. I requested court assistance as I was tired of dealing with chasing him down and putting the kids in the middle to collect the support. Today I learned from three sources he plans to move out of NY State and into TN State on August 14, 2009. One of them happens to be his employer. I'd like to prevent him from leaving only to force him to appear in court or be arrested for being in arrears. I have requested that family court stay on top of him ( they noted that he had contacted them and requested an adjournment), I then called Family Court and they are going to try to stop any adjournments. Until then, what can I do? When he reaches TN he will definitely be working off the books and avoiding his support. Twenty years of abuse inflicted by him led to two brain tumors and many other injuries I now have to live with (disabled and on SSI and SSDI) for the rest of my life. $720 a month from them does not allow me to care for my children very well.
1 Answer from Attorneys
Q. I'd like to prevent him from leaving only to force him to appear in court or be arrested for being in arrears.
A. That is impossible. You cannot force an individual to remain in New York State unless there is an arrest.
Q. Until then, what can I do?
A. Wait.
Mike.
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