Notice of income execution

[Brendadale]

My friend is going through a nasty divorce and is being required by the Court to pay his wife $725/week plus pay her legal fees. He only earns $600/week and has no assets and has $75,000 in marital credit card debt. There are no children and they have been married for 10 years. He lost his job and his current job only pays $45,000/year. How is he supposed to afford to pay this?

An income execution was sent to his company directing pursuant to Section 5241 of the Civil Practice Law & Rules. The owner of the company is directed to withold $575/week on account of current support and $200/week to reduce pendente lite arrears.
How can he pay more than he earns???

 

[army judge]

Your friend urgently needs the services of a real attorney. Help him hire one. There is nothing anyone can do for him here. His fight is in the courtroom.

 

[Brendadale]

Your friend urgently needs the services of a real attorney. Help him hire one. There is nothing anyone can do for him here. His fight is in the courtroom.

He has a divorce attorney who is very lax in returning calls, etc. How can he fight in the courtroom if the Supreme Court has already issued this to his company? If his lawyer is not doing a good job, how is he supposed to afford another attorney? I don't understand the NY law.

Unfortunately, my friend has also been going through a legal issue that resulted in a felony charge against him. It seems they are using this matter to influence the judge's decision. Is this a legal part of the document since it is mentioned in the papers? Not only does he have to pay 80% of her mortgage, taxes, car insurance - but also Cable TV!!!! She owns the house that they have lived in for 10 years and he has been paying the mortgage, making improvements (all on his credit card). He is ready to quit his job and go to jail since he cannot pay the $ they are forcing him to pay.

 

[Proserpina]

I'm guessing that your friend didn't file to modify the original support order after he lost his job - correct? The original order was made prior to the job loss?

There IS a maximum garnishment amount and your friend NEEDS an attorney to help fix this mess because obviously, the amount in the garnishment order exceeds the legal maximum.

Quitting his job will accomplish nothing.

 

[Proserpina]

One question - exactly to what does the felony charge pertain?

It may give a clue...

 

[army judge]

One question - exactly to what does the felony charge pertain?

It may give a clue...

I'm gonna guess spousal battery or domestic violence.