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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111596
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am owed more than $80,000 in a old child support case from

Customer Question

I am owed more than $80,000 in a old child support case from 20years ago. Now that my exhusband is eligilable for social security he refuses to file for it to prevent me from receiving any of it through garnishment. Is there any legal action I can take to claim his social security? He has been self employed and avoided paying any child support. I do have a judgement.
Submitted: 12 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you taken him to court again for contempt of court (order to show cause for contempt)? That is your next step, seek to have him held in contempt and ask the court to order him to apply if he has reached his maximum SS age and if he refuses after they order him to do so, then you have to file another order to show cause for contempt of court and bring him back to court to order the court to jail him and/or fine him for not doing so. If you win on the OSC you can also recover your attorney's fees against him.
Customer: replied 12 months ago.
I took him to family court they said there was nothing they could do as he claims he has been unemployed for 20 years!!. He is 67 years old
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
How long has it been since you took him to court on an order to show cause for contempt, since that is the only way you can get him ordered to pay now he is eligible for SS?
Customer: replied 12 months ago.
This past February, magistrate said they could not force him to file for SS
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
I am afraid that the court is the only place you can seek remedy and if the judge will not order him to apply for SS or jail him for non-payment, the only other possibility is hiring a private support collection agency such as https://www.supportcollectors.com/resources_new_york.php, who will take a percentage of what they are able to collect for you.
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

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