Legal Question in Family Law in New York
Divorce small claims action
In a Divorce Decree when weekly Maintence Support is agreed upon and is made part of the divorce. When one party is in arrears can it be brought to a Small Claims Court being its a legal binding agreement to pay rather than Supreme court which involves attyns and fee's which I don't have. In the final divorce decree it states the other party if in default will pay for all legal exspenses.Its hard to retain an attoryney for they feel they won't get the all their fees from the judge.My question being its a Legal Binding Document can I bring it to Small Claims?
1 Answer from Attorneys
Re: Divorce small claims action
It is unlikely the Small Claims Court has jurisdiction over the support issues included in your divorce decree. However, the Family Court can afford you the "ease of use" described as your reason for seeking redress in the Smaill Claims Court.
You will need to obtain a certified copy of the Divorce Judgment or Order you wish to enforce from the Supreme Court ---- the records room & Clerk's Office. Then go to the Family Court Petition Office in your County to file a Petition for enforcement of spousal maintenance or support arrears, plus current, pursuant the Divorce Judgment or Order. You do not require an attorney to file.
Good luck.
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