How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Girl Your Own Question
Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
Type Your Family Law Question Here...
Law Girl is online now
A new question is answered every 9 seconds

I live in NY state and have a court order for my ex-husband

Resolved Question:

I live in NY state and have a court order for my ex-husband to pay me $3,000.00 bi-weekly child support/alimony. I Have been to court to have the payments garnished from his check and this is to no avail. His job is refusing to issue the payments as ordered and will only issue a check to me for $2,000.00 per month. When I questioned child support about the issue they told me that the problem is with his job and said they will not honor the order because he needs money to live off. My ex-husband makes well over $100,000.00 per years. He is currently $100,000.00 in arrears. My question is how can I collect what is owed to me? And why isn't child support doing anything about this situation? Isn't that their job?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Girl replied 5 years ago.

Thank you for your question.

Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able.

Unfortunately, there is a maximum amount that can be garnished from one's pay under New York law. To the extent that it can be shown that the support order exceeds twenty-five percent (25%) of his disposable earnings, they can refuse to honor the order as written.

Your recourse would be to ask the child support authorities to obtain proof of his disposable income in relation to his paycheck. To the extent that child support is not doing its job, you may consider meeting with a local attorney who works in these matters and can review your paperwork. The involvement of such an attorney may also motivate child support to take any additional steps that are not being taken.

Please let me know if you have any other questions on this matter or require clarification. Otherwise please hit "ACCEPT" so I may receive credit for my efforts.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.

You can always request me with beginning your question with "For LawGirl..."

Law Girl and 5 other Family Law Specialists are ready to help you