Full question:
Please answer this question relative to New York State Divorce Laws: I am presently unemployed, out on disability, my monthly medical bills, child support and personal expenses exceed my disability income by approx. $ 2,127.11/mo. I have been advised to file for Ch 7 bankruptcy by 2 independent financial planner/adviser agencies. Furthermore, my wife filed a Motion - Order To Show Cause, to find me in Contempt of Court, for not meeting all of my financial obligations/payments to her, for certain child arrears, her attorney fees, and college tuition for our youngest child. Meanwhile, the Judge in our case, has found that I am not in Contempt of Court as I am not willfully withholding payments to my ex-wife. Furthermore, he ruled, wrote, signed and send me a Court Order indicating that I still owe her said monies; that the Clerk, of the County Of Suffolk, is directed to enter and docket a money judgment in favor of the plaintiff and against the defendant, in the sum of $3,000.00, representing the defendant's child support arrears pursuant to said Judgment. And similar language was used regards my monies owed for the plaintiff's attorney fees and tuition for our youngest child. Meanwhile, the Judge did not specify that these monies, totaling, $6,479.25, need to be paid in a lump sum, nor did he specify a due date for these payments. Given this, what is my obligation to get payments to my ex-wife? i.e., can I do a payment plan or is it all due in a lump sum? And is there an unwritten understanding that the entire amount must be paid within 30, or 60 or other number of days after the Order is signed and issued?
- Category: Judgments
- Date:
- State: Massachusetts
Answer:
According to the court order, the total amount owed is due in full when it is docketed. However, you may negotiate a payment plan with your ex-wife, but she is not obligated to accept it. If the judgment is not satisfied, the court can issue an execution to collect the owed amount from your assets or income.
The relevant New York statutes include:
- § 5240 N.Y.C.P.L.R. - The court can modify enforcement procedures at any time.
- § 5230 N.Y.C.P.L.R. - Execution can be issued to collect the judgment.
- § 5226 N.Y.C.P.L.R. - The court may order installment payments upon motion by the judgment creditor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.