Legal Question in Family Law in New York
What constitutes a ''willful violation of child support''?
I currently have a child support order against my 12 year old son's father. He has not worked steadily for as long as I can remember. He was last employed over 7 months ago, and then only briefly. I have numerous money judgements. The last support payment was for $50 almost a year ago. Prior to that I can't remember the last payment that was made. He lives with his parents and they support him. Will he be found in willful violation of the order of support because he doesn't work? Can he be forced to get a job?
2 Answers from Attorneys
Re: What constitutes a ''willful violation of child support''?
Be persistent enough, and make enough
of a bother, with the mounting judgments,
etc., and eventually a court may not only
order he get a job, but can, and occasionally
do send him to jail
Re: What constitutes a ''willful violation of child support''?
I can't tell you exactly what the judge in your case will do. With the circumstances as you describe them it looks to me like he is in willful violation of the support order.
The judge can throw him in jail. You should get probation doing the collections. This way, they keep the records and can go to court with you.
If he is employable, the judge can order him to get a job. His child support obligation is going to be based on the salary he should be earning.
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