The stress of getting a divorce can extend beyond the court. A common concern is when an ex-spouse refuses to honor their financial obligation. This blog examines how New York addresses this issue to help make sure that you receive the support you are entitled to.
How do courts enforce spousal maintenance orders?
The enforcement process typically begins when you file a violation petition with the family court. You must formally serve the petition on your former spouse and request that a support magistrate take action to compel compliance.
At the hearing, the support magistrate will review evidence and determine whether a violation occurred. If so, the magistrate can order enforcement actions, such as lump sum payments toward arrears and the entry of a money judgment.
Support Collection Units can also assist with enforcement efforts. They can initiate income withholding and report nonpayment to credit bureaus without requiring you to return to court.
What other penalties could your ex face?
Additional enforcement tools New York courts may use include:
- Placing liens on real estate, vehicles and other property
- Seizing funds directly from bank accounts
- Revoking professional and business licenses
State courts can also garnish up to 60% of your ex’s disposable income to pay support. If payments are more than 12 weeks overdue, that cap increases to 65%. For example, an ex earning $1,000 per week in disposable income could have up to $650 withheld directly from their paycheck.
Is contempt of court an option?
To pursue contempt, you typically need to demonstrate that a valid support order existed and that your ex-spouse failed to follow it. In New York, the law presumes that a failure to pay is willful unless the payer can prove that they simply did not have the ability to pay.
The consequences of a contempt finding are severe. The court can order your former spouse to pay your legal fees and additional fines. In extreme cases, they may even be ordered to serve up to six months in jail until they pay a set portion of the unpaid payments.
If your ex genuinely cannot pay due to job loss or serious illness, they will need to request a modification of the support. However, the law only permits modifications when substantial changes in circumstances exist.