It is a reasonable assumption that after a divorce is finalized and the court has sorted through issues of child support, alimony and child custody that things would run smoothly under the influence and expectations of legal orders. However, this is sometimes not the case and other avenues are needed to compel a former spouse to comply with court decrees. If you are in the untenable position of failing to receive support or visitation rights that are owed to you, contact a New York divorce attorney as soon as possible to enlist the effective help of legal counsel.
One of the most common means of enforcing a child support or spousal support order is through an income levy or income deduction order. The court may compel an employer to deduct up to 65% of the obligated spouse’s income to cover past, present and future support obligations, compared to the relatively meager 10% allowed by other wage garnishments. These income executions may be issued by a creditor’s attorney, sheriff, court clerk or support collection unit, but the debtor must always be given a fair chance to correct the issue before the order is executed.
Other court-ordered measures such as sequestration of a spouse’s property to cover a support debt or a requirement to post a cash bond to compel compliance may be instituted as well. Unbeknownst to many, New York even has an infrequently applied statute making failure to pay child support for a minor under the age of 16 a class E felony. In the end, the ultimate enforcement method against a delinquent spouse is a contempt proceeding, which can land the spouse in jail if he or she has been willfully violating the court’s orders.
Failure to meet the terms of a divorce can have serious and unwanted consequences. If you need assistance with an enforcement matter, the skilled team at Brian D. Perskin & Associates P.C. stands at the ready.
We have seasoned experience and proven success in pursuing delinquent spouses and can offer you a caring and personal level of attention and support. Contact a New York divorce lawyer immediately if you are in need of assistance with the enforcement of a divorce order such as child or spousal support.