Q: Ex husband retired from military was supposed to start new job , but it fell thru now he says he can't pay C/S until he finds another job. what can i do or what should i do
A: David's Answer: If there is a default provision of your settlement agreement (from your divorce), follow it to a T. In other words, the minute he pays less than he's supposed to, send him a default letter (most agreements require same be sent via certified mail, return receipt). There is ample caselaw stating that if he voluntarily quit (& a retirement is construed the same as quitting) he is not entitled to a reduction. Whereupon, you may then file an order to show cause with Supreme Court asking for enforcement. Schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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