New York City Enforcement of Court Orders Attorney
Is Your Ex Not Complying with a Court Order?
After your divorce process or family court case has been completed, and agreements have been put into place regarding spousal support, child support, child custody, and visitation, it is expected that these agreements will be complied with, according to the orders that the court has laid out.
Unfortunately, this is not always the case. A parent may not always be in compliance with these orders as a result of financial difficulties, relocation, or other matters. If the divorce was a contested one, one spouse may want to get back at the other and willfully ignore these orders. Hiring a New York City enforcement of court orders attorney can help navigate this situation.
Whatever the reason for the non-compliance, Vivien I. Stark, a skilled New York City divorce attorney, helps people who find themselves in the situation of being frustrated, upset, or angry due to the non-compliance of the other party with the court order. We will petition the court on your behalf to have these existing orders enforced. On the other hand, if your ex-spouse has made false charges against you regarding your failure to follow these agreements, we will defend you against these allegations.
Meet Attorney Vivien Stark
Founding Attorney
Vivien Stark is a skilled New York City divorce and family law attorney with over 30 years of experience helping clients navigate complex legal matters. Her practice includes all areas of matrimonial and family law, such as prenuptial and separation agreements, actions for separation, annulment, and both contested and uncontested divorce.
She also handles matters involving child support, custody, visitation, paternity, relocation, orders of protection, and other proceedings in the Family and Supreme Courts of New York City.
Ms. Stark strives to achieve amicable resolutions whenever possible but is fully prepared to advocate aggressively in court when necessary. She proudly represents clients throughout all five boroughs of New York City.
Call Vivien Stark today at (646) 960-8260 to schedule a confidential consultation.
Call an Experienced New York City Enforcement of Court Orders Lawyer Today
At the Law Offices of Vivien I. Stark, our experienced New York City divorce attorneys are ready to help you through every step of the divorce process. Whether your case is straightforward or involves complex, high-conflict issues, we have the knowledge and resources to protect your interests and guide you toward a better future. Call us today at (646) 960-8260 or send us an email to schedule a confidential consultation with our dedicated legal team.
What Are the NYC Child Support Laws?
If the original child support order is not being paid through the Support Collection Unit, the custodial parent can file a petition in Family Court seeking enforcement through the Support Collection Unit. FCA §451 provides for the continuing jurisdiction of the Support Collection Unit, which will then deduct the money directly from the non-custodial parent’s paycheck. The Support Collection Unit will also arrange for a tax refund intercept to allow the custodial parent to receive unpaid child support in that manner.
FCA §451 contains the statutory language providing that no child support arrears shall be annulled or reduced for any period prior to making application for such relief with the court. Application means the filing of a petition for downward modification. If you wait months or years prior to filing for downward modification after a change of circumstances, the court will only consider a reduction in support for the time period that has accrued after the petition was filed.
Notwithstanding the foregoing, pursuant to FCA §413 (1) (g), “where the non-custodial parent’s income is less than that equal to the poverty income guidelines amount for a single person as reported by the federal department of health and human services, unpaid child support arrears in excess of five hundred dollars shall not accrue.” The prohibition against reducing child support arrears as found in FCA §451 does not apply since there are no child support arrears in excess of $500. See Briggs vs. McKinney-Mays, 112 A.D.3d 622 (2d Dep’t 2013). Article Four of the Family Court Act provides for numerous provisions concerning enforcement of child support. Driver’s licenses and passports may be suspended. Funds from bank accounts may be garnished.
Spousal support is treated differently. A court may reduce or annul arrears for a period prior to the application for same upon the showing of good cause as to why the application was not made sooner.
Testimonials
“Vivien does the work so you get results”
“Family law is a long drawn out ordeal. Vivien cuts through so much of the B.S. She’s often the only one in the room behaving like an adult. You want to get the bickering over and move on with your life. you need Vivien with you, guiding the way and handling the details”
-Jeffrey R.
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“My experience with Vivien and her staff exceeded my expectations.”
“She has 30+ years of experience and is adept at navigating the confusing court system. She responds promptly with professionalism, patience, takes detailed notes so she is always prepared.”
-Trisha K.
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“I highly and enthusiastically recommend Vivien! I am truly so grateful for her.”
“Vivien helped me navigate in an uncertain & unprecedented situation with care, compassion, and with the highest professional quality.”
-Paul A.
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Areas We Serve
Our experienced New York City divorce attorneys proudly serve the following neighborhoods:
Manhattan | Brooklyn | Queens | The Bronx | Staten Island | Upper East Side | Upper West Side | Midtown | Lower Manhattan | Financial District | Tribeca | SoHo | Chelsea | Greenwich Village | East Village | Harlem | Washington Heights | Inwood | Williamsburg | Greenpoint | Bushwick | Park Slope | Dumbo | Downtown Brooklyn | Long Island City | Astoria | Flushing | Forest Hills | Jackson Heights | Riverdale | Fordham | Pelham Bay | St. George | Tottenville | New Dorp | Bay Ridge | Bensonhurst | Coney Island
Contact a New York City Enforcement of Court Orders Lawyer Today
Looking for a NYC divorce attorney to help you enforce a court order in New York City? With 30 years of experience in divorce and family law, we have a deep understanding of the difficulties that may arise from the enforcement of court orders. When a parent who receives spousal support or child support on a regular basis suddenly stops receiving it, financial hardship can ensue, and the quality of the child’s life may be compromised. There may also be challenges that an ex-spouse is facing, such as a salary cut, job loss, scheduling problems, or other matters that make it difficult to follow the guidelines laid out by the court.
As compliance with these legal orders is not a matter of choice, failing to follow them can have serious consequences, such as withholding of wages, property lines, or revocation of your driving privileges. If you are having a problem complying with a court order, or if you need help getting a spouse to comply with an order, we can help. Depending upon the facts involved, we may also be able to have an order modified so that it is more workable for all concerned.
Contact an experienced New York City enforcement of court orders lawyer today from the Law Office of Vivien I. Stark, P.C. for help enforcing orders your ex-spouse is not complying with.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.