Q: my ex husband filed a temp restraining order because i contact him at work, asking for the alimony that he owes me. he claims me contacting him on a regular basis asking for money is extortion. he does not state in the paperwork that all the dates he’s quoting i called him are documented by me as late payments that he missed. he’s currently in violation of the judgment still!! he’s owed me money for at least over a year now. if i contact him to ask him to pay me (what he agreed in the judgment to pay), is this extortion? he’s claiming i’m “threatening him” by saying i’m going to send cops to his residence. I told him if he doesn’t pay me as he’s supposed to, i’m filing an OTSC against him, and ask the judge to allow me to have NYPD serve him at work or at home (since i don’t think his lawyer actually works for him anymore). he says this is extortion and threatening. is it?
A: As to whether its “extortion,” it doesn’t appear to be. As to whether its harassment my turn on the number of times you’ve contacted him. The law states “harassment” may be a course of conduct . . . which seriously annoys the other person and which serves no legitimate purpose.” While sending a handful of demand letters, say once every month or two, may not be harassment, if one sends many more than this, at some point a Judge may feel you’ve crossed the line. All the more reason to simply proceed to file your OTSC to enforce the back alimony – otherwise, again, a Judge may feel your real purpose is to annoy him. Call a Westchester Divorce attorney to schedule a consult for a full assessment.