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Enforcing Court Orders in Nassau County

As sad and as difficult as all family cases can be, there is a point at which the matter comes to an end. Court orders are put into place, either by the agreement of the parties or as a result of litigation, mandating matters including spousal and child support payments, custody, and visitation. And, at least from a logical perspective, these orders are final and should be followed. Failure to follow these orders is known as contempt of court.

Unfortunately, just because an order is entered does not automatically mean that everyone complies with it. What happens when an ex-spouse stops paying, changes parenting time, fails to show up, or moves away? The fact is that the Law Offices of Paul A. Boronow can advise and counsel you on your individual situation if you reach out for help.

What If My Ex-Spouse Stops Paying Child or Spousal Support?

Child support is governed by very specific policies and procedures pursuant to FCA §451. Spouses have the option of using the Support Collection Unit of the New York Child Support Enforcement office to monitor support payments. Payments can be automatically deducted from the paying parent’s paycheck and deposited to the payee.

Spousal support is also due when it is ordered. Failure to pay spousal support, in worst cases, can even result in the incarceration of the offending party.

Failure to pay and pay timely, if found to be intentional, can subject the payor to administrative penalties. Assets can be intercepted; liens can be filed; credit bureaus can be notified; and driving privileges as well as professional licenses can be revoked.

What If Parenting Time Orders Are Violated?

Unlike support orders, parenting time orders are not financial in nature. These custody orders declare where the minor children are to be, with whom, and when.

Failure to follow these orders may also result in the wronged party bringing an action to enforce the custody or visitation order. The court may, after a hearing, change the child’s custody arrangement or enforce sanctions against the offending party.

The state of New York has protection put in place for those who are dealing with an ex-spouse who is not following a custody agreement. The Custody/Visitation Enforcement Petition is an online guide to filling out the petition for enforcement. It can be done alone; however, having an experienced NY custody lawyer will make sure your paperwork holds up in court.

Family Law Attorneys with Enforcement Experience

Managing the complex circumstances of a New York divorce is challenging, and figuring out how to move forward when the other party fails to comply with orders can feel overwhelming. But the Long Island family law attorneys at the Law Offices of Paul A. Boronow, PC, can offer you over 20 years of experience. We will give you a free consultation to discuss your rights. Contact us at (516) 227-5353.

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