If Your Spouse Refuses To Pay Child Support or Maintenance You can bring a proceeding is the Supreme Court or Family Court for a support order if you do not have one. If your separation/settlement agreement or divorce judgment contains a direction to your spouse to pay maintenance or child support you can bring an enforcement proceeding in the Supreme Court or Family Court to enforce your divorce judgment. The Supreme or Family Court can grant you a money judgment against your spouse, direct him/her to put up security for future payments, appoint a receiver of his/her property or hold him/her in contempt of court.
You can also sue your spouse for breach of your separation/settlement contract. If the amount involved is less than $3,000 you can sue for breach of contract in Small Claims Court. You may also obtain an income execution for support enforcement from your attorney, the clerk of the family court or the support collection unit. You may obtain an income deduction order from the court. The Social Services Law states that these services be made available, upon application, to persons not receiving aid to dependent children. Application is made by (i) completing and signing a form prescribed by the Department of Social Services, or (ii) filing a petition with the court or applying to the court in a proceeding for the establishment of paternity and/or establishment and/or enforcement of a support obligation, which includes a signed statement applying for child support services.
The Domestic Relations Law requires a party to "opt-out" of child support enforcement services in writing. Otherwise, in theory although not in practice, they will be imposed. Any written application or motion to the court to establish, modify or enforce a child support obligation, for persons not in receipt of aid to dependent children, must contain either a request for child support enforcement services, which would authorize the collection of the support obligation by the immediate issuance of an income execution for support enforcement; or a statement that the applicant has applied for or is in receipt of child support enforcement services; or a statement that the applicant knows of the availability of child support enforcement services and has declined them.
Where child support enforcement services have been declined, the application or motion must contain a statement that the applicant understands that an income deduction order may be issued without other child support enforcement services and that payment of an administrative fee may be required. Once you invoke the court's jurisdiction, you're in it for the long haul.
When an order of support is being or is to be enforced by child support enforcement services, the court must direct that the child support payments be made to the Child Support Enforcement Unit, which must immediately issue an income execution for child support or combined maintenance and child support, and may issue an execution for medical support enforcement in accordance with the provisions of the support order. An exception for a child who is not in receipt of public assistance if a written agreement providing for an alternative arrangement has been reached between the parties.
The written agreement may include an oral stipulation made on the record which results in a written order. If the court issues an order of child support or combined child and spousal support on behalf of persons other than those in receipt of public assistance or in receipt of child support services, it must issue an income deduction order at the same time it issues the support order unless the court finds and sets forth in writing, that an agreement providing for an alternative arrangement has been reached between the parties. The agreement may include a written agreement or an oral stipulation, made on the record which results in a written order.
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Couples from all over divorce each other for all kinds of reasons. The most common causes for divorce includes, domestic violence, disagreement on parenting style, or plain incompatibility. No matter what your reason is, divorce is a difficult and stressful thing that can drain out your finances quickly if you draw it out longer. The importance of finding a good divorce lawyer to take your case and represent your interests cannot be undermined.
A reliable and experienced divorce lawyer knows all the steps and methods of guiding you through the mess of legal technicalities all while ensuring your rights are kept safe. Written below are 4 tips you should keep in mind when looking for a divorce lawyer to work with.
There is no shortage of divorce lawyers. They are many of them and a big chunk of them advertise their services very aggressively. You are better off asking your family or people you know for recommendations rather than looking through flashy ads.
Keep in mind that there is no cookie-cutter approach to a divorce case. Each one is different and you want a flexible divorce lawyer with in-depth knowledge and is capable of bringing about good arguments of the circumstances on your behalf. Which brings us to the next tip…
After going through the basic details of your case, ask your potential lawyer if they have handled a case similar to yours before. Ask how that turned out and how they plan on handling yours. If the lawyer you found is part of a law firm that specializes in family and divorce law, you can be sure of their expertise in the field.
Going through a divorce is expensive and difficult. No arguing with that. To make it easier and lighter on your pockets, your divorce lawyer will likely ask you to come to an agreement on several things with your current spouse. This means having to do a lot of communicating between you, your spouse, your lawyer, and your spouse’s lawyer to come compromise on everything.
This highlights the importance of working with a divorce lawyer you can get along with. It will change everything.
Take some time off to properly ponder on and list down everything that concerns you and your divorce. Some commonly overlooked issues involve, retirement funds, investments in your name, debts, properties, etc.
The most impacting part of the divorce is how it affects your children, especially if they are young. Most reliable divorce lawyers have experience in child custody and child support cases so this is not much of a concern.
Lots of things can influence how a divorce case plays out. You’ll want to make sure you come of it in the best way possible so you can concentrate on moving forward with your life once again. As most divorce & family lawyers are aware of, a divorce is a significant and life-changing event but it can also give you a new start giving you new insight and experience.