Thank you, Lois.Isn't he in Violation? If so, which court do I file the petition in? Is it the state where the divorce was granted or the state where I am now living? Thank you.
Because the divorce decree does not state how much
is to be paid, then this is not a violation if you have not stopped payment but have simply decreased it to what was reasonably possible. So you are not in violation per se. Threatening
for him to stop in itself is not a violation; doing so is.
Assuming that he stops
, then this would be a violation indeed. According to the Uniform Child Custody Jurisdiction And Enforcement Act
, the jurisdiction stays with the state wherein the matter was adjudicated. If the child relocates to another state, then the matter moves to that new state if the child loses all ties to the original state. Here, she was visiting NY
, but now she is older, so the jurisdiction is somewhat unclear because the matter is very subjective and this situation falls "between the cracks." Given the unique situation, I would say that NY still holds jurisdiction.
If so, then contempt may be filed in the original court, and contempt carries with it admonishment, fines, order to pay for your legal fees in bringing the motion, and/or imprisonment (for brazen, malicious, or continuous contempt). You can see a "do it yourself" kit here:http://www.nycourthelp.gov/diy/supportenforcementviolation.html
Finally, it may be a good idea to file a Motion for Clarification
in conjunction with the motion for contempt (often, the clarification is simply asked in a clause in the contempt motion) or if not filing a contempt, then simply by itself, to have the Court espouse as to what specifically has to be paid to avoid this matter in the future.IMPORTANT INFO
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