The collection of maintenance and child support may be more dfficult than actually obtaining the relief.
An income execution may be issued by the attorney for the creditor-spouse against a person who has defaulted in payment of maintenance or support. An employer (or “income payer”) who is served with an income execution must deduct support payments from wages or income and remit these payments to the creditor-spouse. The debtor must be given certain notice and has the right to legally object to the procedure.
A creditor-spouse may also apply to the court for an income deduction order for support enforcement. In determining whether to grant the order, the court will consider evidence of the degree of the debtor’s past financial responsibility, credit references, credit history, and any other matters the court considers relevant in determining the likelihood of payment.
The law provides that in a matrimonial action or proceeding for child support, the court shall order either or both parents to pay temporary child support or child support without requiring a showing of immediate or emergency need. The court is not permitted to consider the misconduct of either parent in making its award of child support.
h addition, the court may also grant the creditor-spouse a ‘traditional” money judgment. The obtaining of a money judgment is particularly important in enforcing non-support obligations such as property distributions and counsel fees and in reaching the non-income assets of the debtor. The money judgment may also be utilized in seeking to prevent the transfer of property and in securing the benefits of the New York State Income Tax Refund intercept Program.
Additional relief may be in the form of license suspension, ranging from drivers licenses to professional licenses.