Several options are available to those whose former spouse refuses to pay child support or
maintenance. If you have not already received a support order, you can bring a proceeding before Family Court.
If your divorce judgment or
separation/settlement agreement requires that your ex pay maintenance or child support, you can bring an enforcement proceeding before Family Court or your state's Supreme Court in some cases. The court may at that point grant you a monetary judgment against your spouse, require your spouse to put up security for future payments, appoint a receiver of your spouse's property, and/or hold them in contempt of court.
You can also sue your spouse for breach of your settlement contract. If the amount of your claim is less than $3,000, you can file suit in small claims court.
Additionally, you can obtain an income execution for support enforcement from an attorney, a clerk of the family court, or the support collection unit. You can also obtain an order that you be paid directly out of your spouse's income by their employer.
If your ex partner refuses to pay the support that you are rightfully owed, speak to a Long Island family lawyer at Meyers Law Group. Contact us so we can help you determine which of these options is best for you.