Will my ex go to jail for non-payment of child support ?

Q:  I had my ex husband in court on Sept. 25, 2013 for a Willfulness Hearing for not paying his court ordered child support.
While in front of both the Support Magistrate, and the judge who ordered the support, he waved around a pay check stub for $3,000 take home pay.
Since our last court date, he has paid one payment on October 2, 2013 for the normal weekly amount if $151.00, and has not paid a penny since.
His current support arrears are well over $3,200. I have ascertained prior child support arrears via a QDRO which was taken from an Annuity at his union, which he still has money in.
I am preparing another QDRO to attach the remaining annuity funds for the current arrears up to our next court appearance in December.
Can the Judge find him in contempt and sentence him to jail ?


A:  David's Answer:  While possible, it seems the much more likely thing the magistrate will do is to order that his wages be garnished. Moreover, the Magistrate can issue a money judgment which you can use to seize funds from his bank account. If you don't already, you should strongly consider having the support paid via Support Collection Unit. Speak to an Orange/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Why is a man more likely to pay child support on time

Q:  Why is a man more likely to pay child support on time, if the mother makes sure her daughter sees her daddy every day and makes sure that he has a very good relation ship with his daughter, than a women who interferes with his parental rights? Her daughters lives with her mother, but spends more time with her daddy than with her mother. She has a very good relationship with her daddy.


A:  David's Answer:   I'm not sure that's true, but your question is more of a sociological question than one asking for legal advise. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my original order of support says i have to pay until hes 18 but they changed the law until 21 do i have to pay

Q:  i am in new york and the law just changed a few years ago and i'm curious how this will work


A:  David's Answer: New York law has been 21 for at least 3 decades. That said, whether you have a basis to modify depends on what state issued the original order & whether that other state (if it wasn't NY) still has continuing jurisdiction. Also, I'd wonder whether your original support was done pursuant to an agreement, as opposed to a "mere" order. For a full assessment, schedule a consultation with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my daughter decided she wanted to file for child support from her dad, would I also have to pay?

Q:  Our daughter is 19 and in college. Her father and I have split up. Her home when she's not in school is my house. If she decided to file for child support, would I have to pay into it?


A:  David's Answer: Generally-speaking, no. You would be considered the custodial parent for child support purposes. For a full assessment, schedule a consultation with an Orange/Westchester Child support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Interrogatories- Child Support My ex served me a list of interrogatories to answer and I provided all information requested.

Q:  I then served my ex with the same list. When I received my ex's answers, the notarized financial affidavit she submitted states she pays rent each month but on the list of interrogatories, she noted that she could not provide a lease. If she is stating that she pays rent each month, shouldn't she be able to provide a lease just as I have? I know she lives with her parents so maybe they have an agreement. Could that be why she isn't able to provide a lease?


A:  David's Answer:  It is certainly possible she has an oral lease. You may serve her with a demand for discovery & inspection and request that she produce a copy of any lease. Or you may ask her at trial. For a full assessment, schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Over payment on my child support account

Q: I have an over payment on my child support account and I requested a refund of that amount and was told that it was denied because the over payment is less than the obligation amount and that one payment needs to remain on file? Is this correct because is doesn't make any sense


A:  David's Answer:  Generally overpayments of child support are non-refundable - at least not by Family Court or by SCU.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do i need to go back to court?

Q:  Am i responsible for 100% of day care costs as a non custodial parent, when my childs mother is currently employed full time? As of now, it states nothing in the order regarding education. Just that i must provide medcal insurance if available with the 80-20 split.


A:  David's Answer: The answer depends on what the current order of supports says. If the current order does not address payment of child care, then you're under no legal obligation to pay anything (though this may prompt the mother to file a modification petition). For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net