Q: My out of state ex has ignored court order to pay $80k in child support arrears. How can I get Judge to charge a felony
He was Ordered to pay me $80k by November 15th 2020. He ignored Order. He is self employed and a multi millionaire. His arrears are now $100k+ child support garnishes him approximately $3k a month
A: The family part judge is not going to criminally charge your ex with a felony for nonpayment of support but a family part judge does have a host of other tools available to him to address your ex's noncompliance with his support obligation and arrearage obligation. My suggestion is that you sit down with an experienced family law specialist to discuss your options. When you meet with the lawyer, make sure to give him / her the original agreement or court order and each order entered by the court subsequently so that he can see the correct history of noncompliance and the responses by the court to those applications. I would also give him the underlying certifications for each application for enforcement and each certification filed by your ex in opposition to your applications ( together with every attachment) so that he has a complete picture of what has been filed with the court, what has been submitted in opposition and if you have any of the transcripts of the prior proceedings, make sure to provide that information as well - this is where you want to give the lawyer more information then less information. If your ex has assets, there are ways to seize them, even if in the name of a business entity he owns. Again, provide as much information to support your claim as to his asset structure as well.
A: Thank you for your question. Regarding your concerns, there are remedies available to you in order to address your ex’s outstanding obligations. It likely will require you to file an application in Court to seek recourse for the actions in violation of prior orders. Based on the circumstances, there may be resources available to assist with the issue and it may need to be addressed in the event legal action is taken. Based on the circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.