Legal Question in Family Law in New York

Fighting for Child Support

I am at a standstill and don't know where to go. My ex husband has been ordered twice by the same judge to pay child support. We have been seperated for two years. We went to court for the first time in March of this year and he was ordered to pay ( we have a seperation agreement from 2 years ago in which he also agreed to pay) we went back to court in April and he was ordered by the same judge to start paying to support collection, he still is not paying, my attorney has not returned my phone calls for the last 3 weeks and he still is not paying so, I have no attorney (at least not one that will do anything for me) and I am still getting no money. What should I do?


Asked on 5/06/98, 6:45 pm

2 Answers from Attorneys

Salvatore Lagonia Attorney At Law

Child Support Enforcement

First of all - if your attorney is not responsive to you - get a new attorney. There is no excuse for his/her not attending to your needs.As for forcing your ex to pay - there are numerous vehicles available to make this happen. Driver's License privledges have been connected to child support compliance. If he has any job at all - his salary can be garnished. He can be held in contempt if he fails to comply with the judges order. There are numerous remedies - most of which do work - and you should have a lawyer pursue these for you - but fear not - there is a good chance that you will succeed.Best of Luck to you - call if you have any other questions.

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Answered on 5/28/98, 1:22 am
John Hayes The Law Office of John M. Hayes

fighting for child support

(1) If your husband is employed, it may take some time for the payroll deduction paperwork to be processed. (2) If your husband is self-employed, you may have to seek enforcement in the nature of a finding of contempt {this could result in your husband being sent to jail} - also available if "self-employment" is the scenario is a requirement that an amount of $$ be posted with the court as an 'undertaking'. (3) If your husband simply has NO $$ - then you are confronted with the classic "blood-out-of-turnip" predicament. In this scenario, it is not beyond the realm of possibility {which is not to suggest that it is 'appropriate'} that your atty has despaired of trying to explain to you that turnips are bloodless. (4) Your recourse at this point depends in part on where you are located - but, in larger part, on whether your husband does have the ability to pay. For starters, you could contact your local department of social services and ask for child support legal assistance - before doing that, you probably ought to advise your current attorney of your intention to pursue that course of action and request from him a "Consent to Change Attorney".

One imagines [the child support process being what it is now-a-days] that there is some *factor* pertinent to your situation that you have left out of your question posted here - which, needless to say, makes it difficult to the point of hazardous to try to offer anything other than couched generalities by way of a response.

Regards, etc.

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 5/28/98, 1:41 am


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