If you have questions about divorce, legal separation, alimony entitlement, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

ALBANY, N.Y. — New York’s Senate has voted to amend state law to make it easier for judges to find people in contempt of court for failing to pay court-ordered child or spousal support.

The amendment, requested by court administrators, would eliminate the requirement that other enforcement attempts are exhausted before a contempt finding is made.

Sponsors say that can delay payments for months during a divorce proceeding, hurting children, custodial parents and spouses without money for immediate needs.

They say it’s not required in Family Court, but it is in state Supreme Court, which often has concurrent jurisdiction over support.

Similar legislation has been introduced in the Assembly.

The current laws for contempt in New York Family Court are explained below:

• The petitioner may file a “violation petition” asking the court to take action against a respondent who fails to pay a support order. The petition must be served upon (delivered to) the respondent. A hearing is then held to decide whether the respondent has violated the court’s order. The Support Magistrate may enforce the order by directing SCU to take the payments directly from the respondent’s paycheck, order the respondent to pay a lump sum toward back monies owed, or take other steps to collect the money owed.
• A respondent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted.
• If the respondent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed for up to six months, for contempt of court.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

---

Source: The Wall Street Journal