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Alimony Garnishment - NY

Discussion in 'Alimony & Spousal Support' started by avamarie, Sep 30, 2014.

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  1. avamarie

    avamarie Law Topic Starter New Member

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    In my divorce it stated that alimony being paid to me will be garnished from my ex's paycheck twice a month. After my divorce was finalized, my lawyer found out that NYS DSS- Child Support Services no longer will garnish for Alimony, therefore, it has never been officially garnished. I provided my bank account information to my ex and he supplied his employer with my account numbers and basicly authorized a direct deposit. His employer was never notified it was a wage garnishment for alimony.

    Now., April of 2013 we went back to court for child support issues. Our daughter was a freshmen in college and he lied to the court and stated her official residence was with him in Georgia and that he was paying a $7K tuition bill for her for the spring semester. The court ordered the child support for my other daughter to be reduced $200 a month for child support and $200 a month the college loan he indicating he was paying. He received a total of $3,800 for child support and our daughter never lived with him, 5 months she had her own apartment which she paid rent and worked 40 hours a week in NY and 6 months she lived with me and $3,800 toward a college bill he was court ordered to pay that he didn't)

    In September of 2013, my daughter came to me and advised she could not go back to college because she had an outstanding bill. After investigation, it was determined that her father canceled the loan on 3/7/13 (yes, a month before we went to court and he told the court he had it). The bill is now $9k due to interest and she can not go to school anywhere as the college will not release a transcript without the bill being paid.

    My college student asked to be emancipated as she did not want either of us receiving funds in her name... I had no problem with that.

    I filed the paperwork with the county DSS - Child Support office to have her emancipated and my other daughters support corrected to the correct amount.

    Upon receiving the court order to appear, my ex decided to terminate my Alimony, because "You pushed me over the edge with the child support, there will be no more alimony"... We went back to court and the court ordered him to pay the increased child support, however did not address the college funds, and did not award any funds to be reimbursed. The child support increase was suppose to begin September 1 and be garnished through DSS Child Support.

    Three payments have been processed at the reduced amount.

    Alimony has not been reinstated. $834 twice a month - the last payment received was July 15th.

    He has agreed to pay alimony starting on October 15, however, he will not have his employer garnish his check and make the deposit. He stated he will do a bank transfer. I can not trust this will happen due to the history, he can stop whenever he gets a whim....

    Our divorce decree clearly states that it is a wage garnishment for alimony. How do I enforce this?
  2. army judge

    army judge Super Moderator

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    I suggest you speak with a couple local attorneys, or you can search for agencies like these (I don't endorse these agencies, or any agency).

    I am simply illustrating that they exist and claim to collect your money for support and alimony, for a FEE. Do your own due diligence, before agreeing to anything.





  3. KatDini

    KatDini Well-Known Member

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    And remember, when you register with any of these services, then the support may become dischargeable under bankruptcy. (In other words, if the Ex files for BK, what he owes you might be listed as a debt under the BK and you may never get anything.)
    army judge likes this.

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