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  1. #1
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    May 2017
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    Default Can You Withhold Alimony Over a Child Custody Issue

    My question involves a marriage in the state of:NY
    My ex spouse is refusing to pay court ordered alimony with explanation that i have to stop borrowing my son’s computer. He alleges that attorney says it is a valid reason to withhold alimony.
    Can i apply for income execution for non-payment?

  2. #2
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    Sep 2005
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    Default Re: Can You Withhold Alimony Over a Child Custody Issue

    If he does not pay his spousal support as ordered by the court, you can seek enforcement of the court's order.

    I very much doubt that the custody order makes any connection between the spousal support provisions and the custody provisions. It's also unlikely that the court says anything at all about computer use.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Can You Withhold Alimony Over a Child Custody Issue

    Quote Quoting bjornen
    View Post
    My question involves a marriage in the state of:NY
    My ex spouse is refusing to pay court ordered alimony with explanation that i have to stop borrowing my son’s computer. He alleges that attorney says it is a valid reason to withhold alimony.
    Can i apply for income execution for non-payment?
    I agree with the previous response that you received.

    You may be able to do the bolded.

    However, why not just stop borrowing your son's computer as that seems to be causing a problem?

  4. #4
    Join Date
    May 2017
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    27

    Default Re: Can You Withhold Alimony Over a Child Custody Issue

    Thank you!

    It seems it would be as simple as that. In all our years it has been one demand after another. When will he stop dictate what goes on in my household? Before the computer issue he tried to stop our travel to see my family. It goes on and on. Text messages, emails, phone calls. I have filed police reports but am told he is skirting the line w harassment. We are divorced a year and haven’t lived together for over five yrs.

  5. #5
    Join Date
    Dec 2007
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    273

    Default Re: Can You Withhold Alimony Over a Child Custody Issue

    Was the travel outside the US?

  6. #6
    Join Date
    Oct 2016
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    1,131

    Default Re: Can You Withhold Alimony Over a Child Custody Issue

    Quote Quoting bjornen
    View Post
    Thank you!
    You really need to spend a little time with your divorce attorney to discuss the issues and see what can be done to resolve them.

  7. #7
    Join Date
    May 2017
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    27

    Default Re: Can You Withhold Alimony Over a Child Custody Issue

    Yes it was outside of the US. It was in divorce stip that I am allowed to travel with child to any country as long as said country is part of the Hague convention.

    Quote Quoting Highwayman
    View Post
    You really need to spend a little time with your divorce attorney to discuss the issues and see what can be done to resolve them.
    Trying to avoid going back to attorney for financial reasons. Trying to file for CSE, was told they enforce alimony payments as well. If it continues for much longer I will have to seek legal advise if the CSE are unable to help.

    Update: I contacted CSE (Child Support Enforcement) they helped me file Modification of having alimony and child support to go through them. They also filed a Violation of Court Order as the alimony was 30 days late. Waiting for summons to be delivered. Hell will break loose once ex receives summons.

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