What to do if an income deduction order was served upon my ex-husband’s employer for my maintenance payments but no payments have been received?
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What to do if an income deduction order was served upon my ex-husband’s employer for my maintenance payments but no payments have been received?
Who is actually in contempt of court? Would his employer be due to the fact that not one payment has been made, or would by X be? I want to file the contempt action but need to know who is actually responsible.
Asked on May 14, 2012 under Family Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your former husband's employer was served with an order from the court for payments due you and the order has not been honored, it would seem that under the law that the employer would be responsible for not honoring the order with a certain deduction of monies from your former husband's net pay from his check every time he is paid.
The contempt action you desire seems to be warranted against the employer, not the former spouse.
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