How to collect on courtordered payments?
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How to collect on courtordered payments?
I have 2 court orders from NY family court magistrate ordering my ex-husband to pay settlement arrears and 1 for awarded counsel fees, totaling close to $60k. Can I sue him personally in civil court as opposed to going through the family court on contempt since he is not paying and the magistrate is not doing anything to help? Another issue is he lives in NY and I live in NJ so where can papers be filed?
Asked on July 19, 2011 under Family Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are on the right track in that you need to reduce the awards to a judgement in order to have available all the avenues for collection. Those would be garnishment of wages, levy on accounts, etc. And the judgement is even enforceable against his estate should it come to that. You need to look in to the ability of the magistrate to award the funds as a judgement and maybe he already ash and you do not know it. The fact that you live in New Jersey would not preclude you from collecting in New York, especially if the award is from a New York Court and the judgement comes from there. Please ask someone to look at all the paperwork on a consultation basis to resolve this for you. It is difficult in this forum to help without reading the paperwork involved. Good luck.
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