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What are my options if he still refuses to follow the order? if I do make an appeal, how can i assure that my husband will pay?

| Dec 12, 2015 | Uncategorized

Q: Me and my husband are going through divorce Litigation in the supreme court of NY.
There is a temporary ruling which stipulates that as long as the litigation is taking place, my husband has to take care for me and our 3 children in terms of paying the rent, basic living ect.
Mu husband is currently not following this order and has stopped paying for the rent, and thus i will be soon evacuated along with my children.My lawyer says that an urgent appeal to court wont give us any immidiate decision ,only maybe after 3 months…

A: David’s Answer: If the order is for a sum certain (e.g., “Husband must pay rent in the amount of $1,500 per month”) then your lawyer may be able to put through an execution to garnish his wages. So long as amounts to be paid are made specific within the order, then it generally does NOT take the entry of a “money judgment” to enforce it (CPLR 5101). Discuss with your attorney whether you can utilize this method as its faster. Call a NYC Divorce attorney to schedule a consult for a 2d opinion. — David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)

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