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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.
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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: 6 years ago.
Category: Family Law
Expert:  Law Girl replied 6 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.

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