In New York, the Family Court has the authority to impose incarceration and even probation in the event that child support is not paid and the Court finds a willful violation of the support order occurred. See, MATTER OF BERMEJO v. SUQUILANDA, 202 AD 3d 1080 [2nd Dept. 2022]. How do you show the Family Court that your failure to pay was not willful? Here are few tips.
Generally, you need to show that you are trying. In a 2021 case the Court found that the father was not in willful violation where despite losing his job through no fault of his own, he continued to pay the mother child support consistent with the lower salary of his new job and borrowed money to try to make bigger payments to her. He also showed evidence of trying to find better paying work and in his current position he had restarted a landscaping business that he had another state from scratch. The Court also noted the significant history of the father filing petitions for downward modification. See, MATTER OF WESSELS v. Wessels, 200 AD 3d 1178 [3rd Dept. 2021].
If you are interested in obtaining legal counsel related to your request to child support or other family law issues, contact Diana Mohyi Attorney at Law.