“My ex isn’t complying with the provisions of our Divorce Decree concerning child and spousal support. What are my options?”
In cases where there is a history of non-compliance, the court can order a defaulting party to post a sum of money as “security” or to “sequester” his or her property to guarantee future performance. If that party defaults again, the money owed is taken from the “security fund” or the sequestered property is sold or rents seized, to pay the party to whom the money is owed. To avoid the default in the payment of child support, it is common practice to have child support paid by income deduction order, through the court.
Philip S. Milone is a matrimonial lawyer with 21 years of experience practicing in New York, Brooklyn, Queens, and Suffolk Counties.