Corning, NY asked in Child Support, Divorce and Family Law for New York

Q: Legally separated and ex isn't paying child support or maintenance.

I have custody and placement of our two sons. Ex is living in the marital house, which has a value of over $100k and has no mortgage or home equity loans. My ex is not paying any support or maintenance which is stated in the separation agreement. He is nearly $20,000 in arrears. Is there a way for me to try to get the house for the children and I to return to in order to provide a stable home without having to go to the social services office for help with rent?

1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: Without reading the separation agreement it is impossible to give you an accurate answer. You can bring an action against your ex for the past due support. The best thing going forward is to go to Family Court and file a petition for child support and spousal support and have that paid through support collection.

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