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Divorce Lawyer NYC - Paul E Rudder, Esq

How To Get The Child Support You Deserve

Is your ex-spouse not paying child support? Well, The Child Support Enforcement Act of 1984 provides district attorneys to help you collect child support from said person who refuses to pay in agreement with a court order. Typically, the district attorney will serve your ex-spouse and/or your child's parent with documents. On these papers are instructions to meet with your district attorney to set up a payment plan. The papers will state that if this individual does not follow those listed instructions, jail is a serious possibility. However, this can sometimes work against you, as sentencing jail time will mean said person will not be working or earning money, so usually, imposing jail time is saved as a last resort. Instead, the district attorney can impose other consequences for failure to pay child support, including:

-Withholding federal tax refunds, using these funds to pay child support
-Garnishing wages
-Seizing and liquidation of property
-Suspending an occupational license or business license
-Invalidating the non-payer's driver's license

All of these tactics are successful and efficient ways of getting you the child support you deserve. Although these may seem harsh and drastic, when it comes to getting the alimony you are entitled to, there can be no leeway or mercy. There is never any valid reason not to do what the court demands, and these steps can ensure that your wrongdoing spouse keeps their end of the bargain. Furthermore, a more radical and severe method is having the U.S. Department of State deny the issuing of a passport to those who owes more than $2,500 in child support. br>
As previously stated, the court can sentence the nonpayer to jail, although again, it is not common as this undermines the overall main objective, which is to get you your money, and this is definitely not a possibility when they are in jail, and not making any income.

Even if your ex-spouse moves out of the state, they are still required to pay child support under The Uniform Interstate Family Support Act (UIFSA). This is to protect custodial spouses from being ripped off by their former partner if they try to abandon their responsibilities by moving away. The UFISA applies as long as your residing state still has personal jurisdiction over your ex-partner and/or the parent of your child, you can appeal to the court to impose some kind of enforcement of child support then.

If your state does not have personal jurisdiction over said child support payer, you should seek that your state court forwards the child support order to the court in the state in which your former partner resides in. At that point, their state's court will impose enforcement of the child support order. You can also go to your ex spouse's state and file for an enforcement of the child support order in a court there. Finally, you can send the child support order to your ex's current employer, and ask the employer to retract the appropriate amounts from their paychecks.

Remember, it is never okay for those who are required to pay child support to not do so. Never accept that you will just never see the money, as the court decided your child support order for a reason. You deserve the money, and nonpayers should never be able to just walk away from their responsibilities.



court TV

Guest and Expert Commentator on Court TV (1990 to 2000)

 

Initial Consultation - $550

 

Paul Rudder ESQ was one of the main presen-
ters and a panelist at St John's University Law School all day course titled "THE COURT IS IN SESSION: PSYCHOLOGISTS ON THE STAND - A CASE OF A CHILD CUSTODY EVALUA TION" on September 30 2012.

The program presented the issues and concerns in the stages through time in child custody, general issues related to all aspects of the child custody dispute and adjudication, common errors made by professionals, legal challenges likely to be faced, ethical and licensing issues likely to emerge, etc.

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Contact Paul Eric Rudder

 

Paul E. Rudder, ESQ - Divorce Lawyer NYC
950 Third Avenue, 11th Floor
New York, NY 10022

T: 212 826-9900
E: paul@paulrudderlaw.com

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Awards and Distinctions

"Top Lawyer" in Family and Divorce Law in New York Times Super Lawyers Section for (2007, 2008, 2009, 2010, 2011, 2012)

"Awarded an AV rating (it's highest) by the prestigious Martindale-Hubbell Peer Review Ratings Service Law directory