What to do if an income deduction order was served upon my ex-husband’s employer for my maintenance payments but no payments have been received?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if an income deduction order was served upon my ex-husband’s employer for my maintenance payments but no payments have been received?

Who is actually in contempt of court? Would his employer be due to the fact that not one payment has been made, or would by X be? I want to file the contempt action but need to know who is actually responsible.

Asked on May 14, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your former husband's employer was served with an order from the court for payments due you and the order has not been honored, it would seem that under the law that the employer would be responsible for not honoring the order with a certain deduction of monies from your former husband's net pay from his check every time he is paid.

The contempt action you desire seems to be warranted against the employer, not the former spouse.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption