Violation Petitions

After a child support order is entered, the noncustodial parent must follow its terms. However, there are times when they fail to pay the amounts required and the custodial parent must take steps to enforce the support order. A violation petition can be filed in Family Court or Supreme court, if the parents were married.

Violation Petitions in Family Court

A parent must file a violation petition in Family Court to obtain the arrears that are owed. The parent has the initial burden of showing that the other parent has not paid child support. This is done by introducing the original child support order and then presenting evidence that the parent did not receive the payments that were due. If child support is collected by the Child Support Collection Unit, a witness from the State can testify that payments were not received. They will also testify to the arrears amount.

Child support arrears will continue to accrue from the date you file the petition until an order is entered.

Willful and Nonwillful Violations

When a parent fails to pay child support a court can either find the violation to be willful or nonwillful. A willful violation happens when the parent choses to ignore the child support order.

The failure to pay child support constitutes prima facie evidence of a willful violation of an order of child support

Once a parent shows the court that they have not received child support, the other parent must submit evidence that they were unable to make the payments as ordered.

Evidence that a violation is nonwillful includes the inability to pay because of lose of employment or incarceration. A nonwillful violation can also occur if the original request for support is not properly done. For example, if a parent is required to provide receipts for add-ons, and fails to do the violation cannot be considered willful.

Cross Petitions for Modifications

In response to a violation petition, a parent will often file a cross petition to modify the support order. The cross petition normally looks to reduce the amount of child support owed. However, a cross petition will not erase the arrears, and the parent is still required to pay the previous child support that is owed.

Remedies Available to a Parent

Once a parent is found to be in violation of a child support order, the court will set a purge amount. The purge amount is the amount of money the parent owes. The court can use different options to try to force the parent to pay the child support, including:

• Suspending a driver’s license;

• 90-day term of incarceration unless they paid the purge amount;

• Weekend jail time;

• Income execution;

• Contempt finding;

• State Income Tax Refund Intercept Program;

• Restraining notices;

• Seizing real property or bank accounts.

Experienced attorneys like Daniel Szalkiewicz and Cali Madia are able to help seize assets to pay for child support arrears and enforce money judgments.

Attorney Fees for Violation Petitions

Attorney fees are mandatory if a spouse willfully violates a child support order. A parent should not have to pay additional fees because their spouse has decided to harm the child by not paying support.