You Love Your Child
Welcome to New York, it’s not only waiting for you, but love is too, where love can take you in new directions, possibly leading to marriage, but it can go wrong at some point, children may be involved who grow up here in these 5 boroughs, you want the best amiable separation and best future possible for your children, you want to show New York City Family Court you are supporting your children, without a shred of doubt from the presiding judge in your case, here’s Diana Moyhl, Attorney At Law, PC who answers the question “What to Show a Court to Avoid a Finding of Willful Violation of Child Support?”
Diana Mohyi: Attorney At Law, PC
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.