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How To File For Arrears Accrued Prior To Termination Of Support Order If Prior Violation Dismissed W/prejudice?

| Mar 31, 2016 | Uncategorized

Q: I’m the CP. In ’01 NCP was ordered to pay me cs. NCP barely paid; in ’08 I filed a violation in FC for “app. $80k” . NCP admitted arrears, disputed amount. SM sugg. I withdraw petiti- on w/o prejudice, return w/exact $ & ordered future $ go thru SEU. I’ve not pursued those arrears. ’08-’15, NCP always in arrears on current/SEU account; violations filed, all deemed “not willful” though resulting in $ judgment. 12/14 NCP files to terminate support, claims son lives w/him (false). 1/15,arrears @ $6k+, I file violation. 12/1/15 SM found son constructively emancipated eff 3/15, terminated cs order & ordered any $ paid after 3/15 applied to arrea- rs. My violation was “denied & dismissed W/PREJUDICE in light of the determination here- in”. My obj. is pending. Exact accounting of ’01 – ’08 arrears is $93k+. If I file a violation, SM WILL dismiss based on her “w/prejudice” decision. I know arrears accrued prior to NCP pe- tition can’t be canceled but SM WILL dismiss; loves NCP, knows I’m pro se. I’m the bad guy! She has issue w/willful. How to file to estab. arrears/get judgment thru SEU w/o tying it to the violation dismissed w/prejudice? Alternative to willful? Limited to family court.

A: David’s Answer: It seems as though your best approach would be to get the ruling first from the Family Court Judge, as otherwise it appears you’d be spinning your wheels with the Magistrate. Moreover, in terms of an “alternative to willful,” the only one is non-willful, which means you’d seek to enforce the money judgment against any income/assets NCP may have. Schedule a consult with a White Plains Family Law attorney for a full assessment.

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