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 (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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