Saturday, November 16, 2013

How to collect child support arrears:Court's clerk and/or NYS Child Support Enforcement erred re judge's CONDITIONAL Order?

Q: "Old divorce" found in court records contain judgment of divorce and separate, "not to be merged" Stip of Settlement. Judge's order granted waiver of child support/pendente lite arrears ON CONDITION that ex was to cooperate in selling all marital real properties. Ex deliberately went underground, never cooperated, childrens family home foreclosed, other sold but no monies were given to satisfy arrears. In contacting NYS Child Support, it claimed not to know anything about the judge's CONDITIONAL order. In calling the court clerk who said that the judge's order must have been misinterpreted at NYS CSU, but that on review of my JOD and Stip, pendente lite order arrears should NOT have been irradicated UNTIL and WHEN equity money from marital real properties was distributed to plaintiff. After many years ex re-surfaced in NY. He has bought, sold other real properties since divorce, some paid in full way before mortgages due. Presently owns minimum two properties, one paid off completely after having mortgage only six years (he resides in this one). Want to obtain money judgment, attach all assets, especially real properties, bank accounts (he inherited quite largely), etc. Also want him to pay all legal fees as he deliberately, with much aforethought, DENIED his children their rightful upbringing and place in our society by his stealing what should have been theirs and denying me as I struggled terribly, financially, to keep the roof over our heads and food on our table. He was selfish and cruel to have done this to his family.

A: You would need to file an order to show cause in the original issuing Court. Depending on exactly how the settlement & Judgment read, it's possible to get the arrears enforced as well. Counsel fees are usually granted upon the Judge finding that he willfully violated the order.  -- David Bliven, Westchester Child Support attorney (

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