Practical Solutions to Collection Problems in Child or Spousal Support
When post-divorce commitments go into default, it might be necessary to get legal advice about your options for enforcing your right to collect unpaid child or spousal support, or for avoiding the worst consequences of an enforcement action commenced against you. For the advice of an experienced family law attorney, contact the Albany law firm of Arroyo Copland & Associates, PLLC.
We work with people on either side of a family law enforcement action, with unpaid child support obligations representing the most frequent problem we see. Our law firm also helps clients resolve problems with unpaid spousal support or maintenance, or chronic violations of custody/ visitation orders.
The unexcused failure to perform on court-ordered commitments related to child support or alimony payments can create serious problems for all concerned. The person who depends on support payments to raise a child or avoid eviction or foreclosure should not be expected to wait indefinitely to receive the payments due. The person in default risks a finding of contempt of court that could result in a jail sentence, loss of a driver's license and other serious sanctions.
Capital District Child Support Enforcement Lawyers: Call 518-464-6000
Our objective in support enforcement proceedings emphasizes practical solutions rather than punishment, but we know that the threat of jail has a way of focusing the defaulting party's attention. We can file the motion, prove the arrearages and work with the nonpaying person to develop a realistic plan for resuming current payments while paying down the balance of missed payments.
In some situations, the party in default cannot be found or ignores the enforcement proceedings. We can still obtain a finding of contempt of court, which will typically result in an arrest warrant. We can also pursue assets wherever they can be found, such as bank balances, via wage garnishment or property seizures.
When we are defending enforcement cases, we help our client understand the options for curing the default and the risks of failing to do so. In some cases, we'll be able to seek modification of the support obligations to account for job loss, a reduction in hours or other problems that affect the ability to perform the payment obligations as originally established.
If you're having trouble making child or spousal support payments, the best time to seek legal advice is before they go into default. For additional information about our experience on either side of New York support payment issues, contact the Albany enforcement law attorneys of Arroyo Copland & Associates, PLLC.