Consequences of Violating a Child Support Order in New York

When a parent fails to meet their child support obligations, it can have serious consequences. New York courts have various enforcement tools to ensure children receive the financial support they are entitled to. Our experienced attorneys at Veridian Legal can help you understand your rights and options if you are facing a child support violation.

What is a Child Support Violation?

A child support violation occurs when a parent fails to comply with the terms of a court-ordered child support order. This can include failing to make payments on time, failing to pay the full amount due, or failing to provide health insurance coverage as required.

Violations can be classified as either willful or non-willful. A willful violation occurs when a parent intentionally disregards the court order, while a non-willful violation may occur due to circumstances beyond the parent's control, such as job loss or illness.

Filing a Violation Petition in Family Court

If you believe the other parent is violating a child support order, you can file a violation petition in Family Court. This petition must include evidence of the violation, such as a copy of the support order, proof of missed payments, or testimony from witnesses.

The court will then hold a hearing to determine whether a violation has occurred. If the court finds the other parent in violation, it can impose various penalties, such as ordering them to pay the arrears (missed payments), suspending their driver's license, or even imposing jail time.

Willful vs. Non-Willful Violations

The court will consider whether the violation was willful or non-willful when determining the appropriate penalty. If the violation is found to be willful, the court may impose harsher penalties.

A parent may be able to demonstrate that a violation was non-willful if they can show that they were unable to pay due to circumstances beyond their control, such as job loss, illness, or incarceration.

Cross Petitions for Modification

In response to a violation petition, a parent may file a cross petition for modification of the child support order. This can be a strategic move if the parent believes the current order is unfair or unaffordable. However, it's important to note that a modification does not erase any existing arrears.

Remedies for Child Support Violations

New York courts have a wide range of remedies available to enforce child support orders. These can include:

• Income Execution (Wage Garnishment): The court can order the paying parent's employer to withhold support payments directly from their wages.

• Suspension of Driver's License: The court can suspend the paying parent's driver's license until they comply with the support order.

• Incarceration: In some cases, the court may order jail time for a parent who willfully violates a support order.

• Contempt of Court: The court can find a parent in contempt of court for failing to comply with a support order, which can result in fines or imprisonment.

• Other Remedies: The court may also impose other remedies, such as intercepting tax refunds, placing liens on property, or issuing restraining notices to prevent the paying parent from accessing their assets.

Attorney Fees for Violation Petitions

In many cases, the court will order the violating parent to pay the other parent's attorney fees incurred in enforcing the child support order. This helps ensure that the custodial parent is not financially burdened by the other parent's non-compliance.

Violation Petitions FAQ:

• What if I can't afford to pay the purge amount? If you are unable to pay the full purge amount (the total amount of arrears owed), you may be able to negotiate a payment plan with the court or the other parent.

• How can I prove the violation was not willful? To demonstrate a non-willful violation, you will need to provide evidence of the circumstances that prevented you from paying support, such as medical records, termination notices, or incarceration records.

• Can I go to jail for not paying child support? Yes, in some cases, the court may order jail time for a parent who willfully violates a support order.

• What if the other parent is also violating the custody order? If the other parent is violating the custody order, you can file a separate petition for enforcement of the custody order.

• How long can child support arrears accrue? Child support arrears can continue to accrue indefinitely until they are paid in full.

Do I Need an Attorney for a Child Support Violation Case?

Yes, it's highly recommended to have an attorney represent you in child support violation cases. An experienced attorney can help you:

• Understand the violation process and your rights.

• Gather and present evidence to support your case.

• Negotiate with the other parent or their attorney.

• Advocate for your best interests in court.

• Protect your child's right to receive support.

Contact Veridian Legal for Child Support Enforcement

If you are facing a child support violation or need assistance enforcing a support order, contact Veridian Legal today. Our experienced attorneys can help you understand your rights, navigate the legal process, and protect your child's financial well-being.