Legal Question in Family Law in New York
child support arrears
If I owe small amount in arrears and haven't been able to pay due to several illnesses and not being able to work, can a judge put me in jail even if I have proof I can't work and that I am sick?
2 Answers from Attorneys
Re: child support arrears
Judge would have to find that you "willfully" failed to pay.
Re: child support arrears
It depends on how good your proof is. Under the Family Court Act, the mere fact of non-payment of child support essentially creates a presumption that you wilfully violated the order, shifting the burden on you to show inability to pay. Even if you are successful in avoiding incarceration, the arrears will continue to accrue until you get an order reducing your obligation, so you should speak with an attorney about your case right away and consider filing a petition for downward modification.
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