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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118286
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My Fiancee was taken out of work because of multiple Head

Customer Question

Hi Pearl, My Fiancee was taken out of work because of multiple Head Injuries. We fould out this week, he has been having bleeding strokes. He has not been working sin April11, 1016. No Income wrom Workers Comp for 6 months. No Social Security yet. Have great Drs at Brain and Spine Center helping him minimize and stop further dmage. Supposed to be stress free as much as possible. The problem is his Ex-wife. NYS Supreme Court Divorce Papers say he should pay her $2220 a week. Despite no income for 6 months, he managed to get her paid through May 2016. She Went to his employer asking about his income and medical status. After which, he was promptly Evicted from his Apt, which was part of his Salary Package. Now she has been stalking us herself and having others stalk us. She filed a Violation on him in Family Court for Spousal Support Arears. There are no Minor Children. He needs to get her to stop getting in the way of his medical appts and testing to assess the total Head Trauma Post Concussive Syndrome. Does Family Court even have Jurisdiction? There is another hearing on November 9th, 2016. He just received his first weekly workers Comp Check Today. Not enough to pay in total. so now they are threatening him with "Contempt" He needs to have the hearing adjourned until January, so the Neurologist can assess the total damage to his brain. He is representing himself. The Court and Lawsuit which was served illegally by Trespassing on my property. This is Erie County. 1. Does Family Court even have Jurisdiction? 2. How do we manage to get the case adjourned until January, 2017, so the Drs can help him which will take until the end of December, 2016 at best. He is going to start paying her the $220 weekly now that workers comp is paying him.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: New York State, Erie County, Buffalo, NY 14202
JA: Has anything been filed or reported?
Customer: Yes, Social Security has been applied for, Workers Comp also. His first weekly payment came in the mail today. Out of which he will pay her the $220 for the first week. Then if she gets out of the way and stops wasting time he could be at the Drs getting the Supporting Medical Documentation to get His Social Security, at which time she will receive her Spousal Support directly from Social Security Disability. She, obviously does not understand that she, herself is in the way of getting paid. What To Do? She is living in the Marital House. He is Homeless because of her. Pure Hate.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Does Family Court have jurisdiction over a Supreme Court Divorce Settlement?
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 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.
The NY family court and the Supreme court have concurrent jurisdiction over child and spousal support orders. You need to get his attorney to file a motion for modification of the court order based on significant change in financial circumstances. Your husband's serious medical condition and significant change in income is a ground to get the support reduced or even eliminated. So, based on what you describe and the fact your husband needs to be stress free, you really need to get him a local attorney and you need to get the attorney to file in court to modify the support award because until you get that done, she can continue to claim he is in contempt for not paying as due regardless of his dire new financial circumstances.