Legal Question in Family Law in New York

Divorced in NY several years ago. Now live in NJ. Ex husband recently moved from NY to FL. NY home is currently on the market and is in his wife's name. Ex husband is in arrears, both child support and maintenance, for years and refuses to pay.

I recently petitioned family court in NY for arrears, and judgement against house in NY. He called the court on the day of the appearance and claimed NY courts do not have jurisdiction because neither parties currently reside in NY. I replied that NY has jurisdiction, pursuant to NYCPL � 302.2; has committed tortious acts within the State of New York, and owns, uses and possesses property situated within the State. The court has ignored my plea and has ruled in his favor.

I have the option to file an objection. It should be noted that the court was aware that at the time, he did not have a FL driver's license. Further, I do not believe he has legally redacted his NY residency, or has complied with FL residency.

Grateful for your advice.

Asked on 3/30/12, 10:27 am

1 Answer from Attorneys

John O'Donnell Attorney at Law

You should seek to enforce your judgement of divorce in New York State Supreme Court. The Supreme Court should have jurisdiction over all aspects of your judgment of divorce. But keep in mind that you may not be able to enforce the judgment against the house for sale if your former spouse does not own it. If you should require the assistance of an attorney, please feel free to contact me at (212) 786-7539.

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Answered on 3/30/12, 10:49 am

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