MINEOLA – Although an ex-husband’s failure to pay maintenance was deemed willful, it did not entitle his ex-wife to an order of contempt, even when his place of work had rejected an income execution order sought by the ex-wife.
Nassau Supreme Court Justice Robert A. Ross determined that though Howard Schenfeld willfully refused to pay Beth Schenfeld $200 per week in support, Ms. Schenfeld did not exhaust enforcement procedures. Specifically, the judge found that Ms. Schenfeld could enforce payment by continuing to pursue an income execution against the business where her husband worked, despite the company’s argument that Mr. Schenfeld was not an employee but instead an independent contractor.
