What should I do if my ex-spouse hasn’t paid me any child support?
If you have a divorce judgement that obligates your ex-spouse to pay child support and they are not paying, you need to seek legal assistance.- You can seek that assistance through an enforcement petition in the family court in the county in which you reside, or you can also go back to the Supreme Court and file a motion for contempt or general enforcement to get that non-paying ex-spouse to pay.
- In that situation the remedy will probably be payments through the support collection unit of the Department of Social Services or an income execution where the child support is taken directly from the ex-spouse’s pay and given to you directly by their employer.
- This can be difficult if the person is self-employed; however, there are things that can be done to guarantee your payments.
What should I do if my ex-spouse hasn’t paid me any child support?
New York law states that parents have a legal obligation to support their children financially until the age of 21. If you have a divorce judgment out of the Supreme Court in Nassau or Suffolk County, obligating your ex-spouse to pay child support and they are not paying, you need to seek assistance right away. You can seek assistance through an enforcement petition filed with the family court of the county in which you reside. You can also file a motion for contempt or general enforcement to get that non-paying spouse to pay. After you file the appropriate paperwork in court, there will probably be payments through the support collection unit of the Department of Social Services or an income execution. This allows child support to be taken directly from the ex-spouse’s pay and awarded to you by the employer. This can be difficult if the person is self-employed, but there are things that can be done to guarantee your payments. The important thing is not to sit and do nothing; you need to act.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.
