Saturday, May 17, 2014

How can I get my ex to pay from TX? I've been working with child support over a year now.

Q:  He only pays what he wants, when he wants not what is court ordered. He is supposed to pay 1/week. I have not received anything since Nov. which was a garnish from his taxes. He is up to $25,000 in back pay. The TX Child Support said the courts were backed up and that was in Jan 2014. I had to call NY Child Support to have them call again and petition the violation and COLA. I've been doing this for almost a year now. What else can I do? Also, I believe he put everything in his wife's name.

A:  David's Answer:  Are you enforcing a NY order or TX order? If you're enforcing a NY order, then I'm not sure why you're filing anything in TX (other than perhaps a Registration proceeding). In NY, you may ultimately ask for his incarceration if he continues to refuse to pay. You may also need to consult a TX lawyer about debt collection efforts against his wife, so as to start seizing her funds (in NY, there's a common law claim of "necessaries" under which one may arguably proceed). Schedule a consult with both a TX lawyer & a NY Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (

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