My ex isn’t complying with support. What are my options?

“My ex isn’t complying with the provisions of our Divorce Decree concerning child and spousal support. What are my options?”

The terms of a Judgment of Divorce can be enforced by the court that made the judgment or a court of concurrent jurisdiction, in a variety of ways. Because a Judgment of Divorce is a court order, the most obvious way the court can enforce it is by finding the defaulting party to be in “contempt of court.” The punishment for contempt is a fine or imprisonment; the person can be jailed for a specific period of time or until they do what was ordered in the judgment. Although the court can and does imprison those who violate court orders, the real interest is in getting the person to comply with the order, so jail is usually considered a last resort. If the portion of the order that has been disregarded has to do with the payment of money, the court can enter a money judgment against the violator, and then his or her income can be garnished or his/her property can be seized to satisfy the debt.

In cases where there is a history of non-compliance, the court can order a defaulting party to post a sum of money as “security” or to “sequester” his or her property to guarantee future performance. If that party defaults again, the money owed is taken from the “security fund” or the sequestered property is sold or rents seized, to pay the party to whom the money is owed. To avoid the default in the payment of child support, it is common practice to have child support paid by income deduction order, through the court.

Philip S. Milone is a matrimonial lawyer with 21 years of experience practicing in New York, Brooklyn, Queens, and Suffolk Counties.