Macedon, NY asked in Family Law, Child Custody and Child Support for New York

Q: What is my best course of action?

My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why hasn’t the county taken any assets or anything? Also, what would my chances of getting sole custody be? And how do I go about changing the support and custody order to the county I currently live in? Is it necessary?

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

A: Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole custody already in that your ex doesn't have anything to do with the children so I wouldn't do anything about custody at this time. Custody orders are good no matter where you live. If you want, you can file a certified copy of the custody order with the county clerk of your county to "domesticate" the order. The support order is also effective statewide.

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