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What steps can custodial parent take when non custodial parent objection was denied and still refuses to pay support order ?

Brooklyn, NY |
Filed under: Child support

Falsified income documents during court proceedings several times. Denied being sole proprietor/business owner. Makes 3 times more than custodial parent.

Attorney Answers 3


  1. The next step is enforcement; however, if you did not fully discover all the income, then perhaps you should consult with a local attorney who can advise you on forensic investigation so the child support order will be based upon the correct amount. It is just as hard to collect $10 as it is to collect $10,000 if the non-custodial parent is determined to be difficult, but at least you'll be looking for a greater reward for your efforts when you are eventually successful. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  2. If the non custodial parent refuses to pay the court ordered support, then start an enforcement proceeding and seek incarceration, willful default, legal fees, money judgment and interest. The preceding should et his attention and hopefully gets you the money and your legal fees. Consult with an experienced lawyer to assist you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. First step is an enforcement proceeding in which an attorney could and should perform some discovery to find out where the payor 's assets are located so, if you are awarded a money judgment, you can attach the assets and squeeze him for the money. If he still persists, and you can prove it's willful, then he can be incarcerated until he pays all are part of the monies owed. Good luck!

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