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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
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Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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In New York, can an attorney, acting as an officer of the court,

Customer Question

In New York, can an attorney, acting as an officer of the court, submit an Income Execution Order demanding (among other things) maintenance and maintenance arrears; question is specific to can he try to garnish maintenance and maintenance arrears without a judges order? If not, where can I find that wording in the law or a statute?
Submitted: 8 months ago.
Category: Family Law
Expert:  Seattle Scott replied 8 months ago.
Has the past due maintenance been reduced to judgment - meaning has the attorney gotten a judge to rule what is the exact amount of the unpaid past due maintenance? This is usually required before a wage withholding or garnishment can be done. A writ of garnishment does not require a judge's order or signature. Are there any statutes/laws referenced in the execution order ( has it been served on the employer yet) if so I could check those out.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 695
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 2 other Family Law Specialists are ready to help you
Expert:  Seattle Scott replied 8 months ago.
I checked out the specifics of NY law. An exception to the requirement of reducing the debt to judgment before issuing an Execution order exists for child support and maintenance. An attorney can issue the order without a judge if the maintenance has been not paid in full 3 times in the past or there is an accumulated past due in the amount equaling one month's obligation.

So the answer is YES, if maintenance is past due in a sufficient amount as above.

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