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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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How do I enforce child support order: 1) support amount was

Customer Question

How do I enforce child support order:
1) support amount was by agreement in a settlement
2) divorce decree issued in Georgia but all parties now live in New York
3) decree entered August 2009
4) most of the amount was deducted to satisfy debt payment provision of settlement agreement. That debt was settled as of December 2014.
5) responsible party has not begun paying the full amount and is demanding that I agree to zero child support from this point forward
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. In this situation it would help to file in New York. So long as both parties have resided there for at least 6 months, and the child or children reside there also, at this point New York state would have jurisdiction over the children and over the case. Therefore you can go to court and file a petition locally for change of venue to this state, and with it also file a 'motion to compel'. This is a motion where you ask the judge to review the past order and have the judge order the other party to comply with the demands. If that still does not work, the next filing is a 'petition for contempt' under which you ask that the judge admonish, fine, or even jail the other person over their failure to comply. The judge can also rule to grant you attorney fees for filing this petition. Sincerely, ***** *****
Customer: replied 2 years ago.
Thank you. How does the court view contempt motions where, like in this case, partial child support is being paid? She is paying roughly 1/3 of the amount. Also, I understand that where the amount was by agreement rather than by order it will be difficult for her to have the child support order canceled or modified. She has told me that if I do not agree to her stopping payment, she will take me court to overturn the child support order.
In summary:
1) how difficult will it be for her to get the child support order overturned?
2) is it to her advantage that she is paying 1/3 of the amount rather than none?Thanks
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up. You are most welcome! The court generally does not like parties who partially pay the obligation. Unless there is evidence of 'waiver' of the other part of the support obligations, the fact that the person is paying some of it might permit the judge to not pursue a fine immediately but it will not somehow invalidate the petition. It not to her advantage that she is paying 1/3 of the amount, not really, and the courts do not like to amend or modify orders when the person requesting it is not current on their obligations--then the courts are far less willing to grant the amendment. Sincerely, ***** *****