A Judgment of Divorce not only dissolves a legal marriage, but also informs the couples of their rights and responsibilities pursuant to the Order. Agreements regarding spousal support (a.k.a. maintenance) , child support and child custody are decided with the understanding and assumption that they will be adhered to. However, unfortunately sometimes one party may not comply with the decision of the court causing complications after the proceedings are over.

Stephanie understands how difficult and trying the divorce process can be, let alone dealing with a former spouse who does not comply with the judgment of divorce putting the future of you and your children at risk. Stephanie has successfully represented countless clients over the years and will defend you aggressively if your ex-spouse refused to honor the terms of the divorce.

When is Post-Judgment Enforcement Issued?
When an ex-spouse does not comply with the Judgment of Divorce and fails to fulfill his or her duties (such as not paying child or spousal support, or not respecting the terms of visitation) post-judgment action can be taken against the ex-spouse in family court.

How does Post-Judgment Enforcement Work?
The law is designed to protect and enforce the terms of a divorce. Say, for example, that the judgment of divorce stipulates that child support must be paid on a recurring basis. If the ex-spouse does not pay his or her share of child support, the other party can file a petition in Family Court seeking enforcement and protection under New York’s Family Court Act, Section 45. The Support Collection Unit provides services such as locating absent parents, enforcing court orders, and collecting and disbursing payments.

Under Section 451 of the Act, the Support Collection Unit can deduct money from the non-compliant ex-spouse’s paycheck to pay for child support. In addition, the Support Collection Unit can also work with the IRS to intercept the tax refund of the ex-spouse. In certain circumstances, funds from bank accounts may also be garnished and driver licenses and passports be suspended.