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How do I go about placing a judgment on my ex for not paying any child support nor equitable distribution for over a year?

Katonah, NY |

How much should such a judgment cost and can I do this myself in family co

Attorney Answers 3


You need to file a contempt action. You can do it yourself, but it is best to deal with these kinds of issues with an attorney, who will know better how to proceed and where to dig at his assets and financial situation.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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You can bring a Petition for Support (if there was no Order yet) or an enforcement action (if there was an Order) in Family Court. Equitable distribution is under the jurisdiction of the Supreme Court.

You would be well-served to discuss your dilemma with a New York domestic relations attorney in a confidential forum as soon as possible.

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You cannot do it in Family Court as that court does not have jurisdiction over property issues. You will need to file an order to show cause and attach the appropriate exhibits. As to whether you can do it yourself, you're best judging that after you've had a consultation with a lawyer. Thus, I encourage you to schedule a free consult with a Westchester Co. Divorce attorney.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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