How to collect on courtordered payments?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.