Not receiving my Court Ordered Maintenance

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Not receiving my Court Ordered Maintenance

I received a an award for maintenance in 10/2012 in the amount of $625 per month for $75 months, plus a pension payment of $5725 due 12/2015, I never received any of that.In 12/2015 an Income Execution Order was placed against my former spouse, with me having a final judgement of 61178. He made a total of $3000 in payments. There has been nothing paid to date. He is gainfully employed at a different employment. He was ordered to supply me with W2,1099, and any other pertinent information concerning his employ, which he has failed to do so.We have been divorced for about 9 years.

Asked on September 21, 2017 under Family Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your recourse is to pursue contempt of court against your ex.  File an Order to Show Cause for the contempt of court hearing.  Call the court clerk to schedule the hearing before filing the Order to Show Cause.  With the Order to Show Cause, also file your declaration signed under penalty of perjury stating the facts supporting your contempt of court claim and also any documents or other supporting evidence along with a proof of service.  After filing your documents with the court, mail a copy of them to your ex.  The proof of service verifies the date of mailing and provides notice to your ex of thecontempt of court hearing.
Prior to filing your documents with the court, ask the court clerk if any additional documents are required for contempt of court because the required documents may vary from state to state.


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