What can I expect in regards to a settlement of back child support and alimony? how much?

Asked about 1 year ago - Buffalo, NY

My ex is fifteen thousand behind on C.S.and Alimony. He never had it modified. he currently makes 400.00 a week. Will I ever see any money from him, if I take him to court.? Also the court order is still in effect for another 2 years, he is suppose to be paying me 307.00 a week.

Attorney answers (3)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should file an enforcement proceeding and seek a money judgment, interest, a willfulness finding, legal fees and incarceration. He will be liable for the arrears and current order, until he files a modification of the current order. The amount he is required to pay will be set by the judge both current support and a portion to arrears. Contact a local family law attorney to help you.

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  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . You could see nothing at all.

    Following all the statutory procedures to nail the dead beat leads to one reality: that if the dead beat cannot or will not pay, you cannot get him to pay. Some dead beats prefer incarceration while others can pay the purge amount and disappear.

    The child support scheme was obviously composed by Congressional specialists in W-2 employed parents. A percentage is arbitrarily chosen is easily applied to the W-2 employee and there is never any arrearage because employment continues as do the income deductions and payments.

    However, a growing number of parents are losing their W-2 employment and vanishing into the black market. That's the level of society that works "off the books" or in extreme cases, are becoming self employed. They make money as they go along and pay taxes on amounts they choose to declare. Some of these self employment opportunities are all over the country so you and your process server have to traverse the nation to catch up with the dead beat just to serve him.

    Lastly, is it fair to call the parent of your child a "dead beat"? Isn't that a love partner who participated in a baby creation process? How is it that the person went from "parent" to "dead beat"? Was it the "law"? Did the law do this?

    Do your children miss their other parent? Wouldn't they benefit from that parent's input and the input of all the extended family? Is it better to rely on court to get you money? Is it working for you? I know of very, very few people for whom it works, and those are W-2 employees in fairly high profile positions who are set through retirement - another rarity these days.

    Good luck. Oh, and don't go to a family court without a lawyer. You don't want to play games with your link to eternity. It's not a Citibank and the other parent is not an ATM machine.

  3. Marco Caviglia

    Pro

    Contributor Level 19

    Answered . Reduce the arrears to a money judgment, which you can enforce and for many years, well after you child is over 21. You can see money from him. Garnishment of wages in NY for child support arrears is very high. Even if it were at the usual money judgment non-support related amount, it would still be 10 per cent of pretax earnings. But get that judgment.

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