Divorce Source: To Enforce or Not To?

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Cassie23
Carpal \'Tunnel

Reged: 10/07/05
Posts: 14714

Re: To Enforce or Not To?

02/23/11 03:32 PM

Hmmm... I would file contempt in court or ask CSE to get involved because he is behind in CS.

Now, my thoughts are if he willingly quit his job that does NOT mean the NYS courts will allow his CS to be reduced. I know plenty of NCPs who went to court asking for a reduction due to quitting a job or taking one that paid less. NONE were given a reduction in CS since the reduce income was of their own accord.

Now if he lost his job or their were significant changes in circumstances (medical bills, mental health issue, etc.) then his CS should and can be reduced. HE should be the one to file, yet I don't see any reason why you shouldn't file for contempt of non payment and have a CS order issued through the courts to include garnishment (in case he gets a job).

They can put forth a new CS CO specifying current obligation and an amount that would go towards the arrears. Depending on his financial circumstances he may only have to pay $50/month towards his arrears. However NY CS can take a part or his income taxes in full when he files each year.

Post Extras

Entire topic
Subject	Posted by	Posted on
To Enforce or Not To?	himoc918	02/22/11 06:20 PM
Re: To Enforce or Not To?	Cassie23	02/23/11 03:32 PM
Re: To Enforce or Not To?	Miranda	02/22/11 06:23 PM
Re: To Enforce or Not To?	himoc918	02/22/11 06:33 PM
Re: To Enforce or Not To?	MrsB	02/22/11 06:48 PM
Re: To Enforce or Not To?	himoc918	02/22/11 07:00 PM

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