/Child-Support.aspxViolation Petitions in Westchester County Family Courts under a NY Child
If the person responsible for paying
child support under a NY Child Support Order (the payor) ceases or fails to pay child
support as directed, the payee (the one who receives the child support)
may file a violation petition or an enforcement petition with the local
Westchester County Family Court, located in White Plains, New Rochelle
or Yonkers, NY.
Once the violation petition is filed, the court will hold a hearing to
determine whether a violation of the court order has occurred, and if
so what relief should be awarded to the payee.
Findings of Willfulness for non-payment of Child Support in Westchester
Under New York law there is a legal presumption that a parent's failure
to pay court ordered child support is willful. Willful is a legal term
under the law. A payee's sworn testimony as to non-receipt of ordered
child support payments from payor is sufficient evidence to establlich
a willful violation. Once the violation has been established, it becomes
the burden of the payor to demonstrate his or her inability to make the
required payments. The payor must offering competent and credible evidence
of his or her inability to make the court ordered payments in order to
avoid a willfulness finding. It's important to realize that simply
offering mitigating circumstances may not be sufficient to avoid such
In some instances, a finding of
willfulness can be avoided by the issuance of a money judgment. The money judgment
awards the Payee the total amount of child support owed by the Payor.
This amount is also known as "arrears".
In other instances, a money judgment will not satisfy the case and the
support magistrate or family court judge may, if the circumstances warrant,
order certain action including but not limited to:
- Take away the payor's business or professional licenses.
- Suspend any recreational licenses that the payor may have.
- Force the payor to pay the support in advance before the payments are due.
- Put the payor in jail for up to 6 months.
- Put the payor on probation in accordance with the criminal procedure law.
- Order the payor to pay the payee's attorney's fees.
- Add interest to the amount of money judgment.
- Order the payor to join a rehabilitation program for work preparation,
alcohol or substance abuse, or education.
If child support is paid through the Support Collection Unit ("SCU")
then SCU can help collect past due support at no charge. They can:
- Have the payor's employer take money directly from his salary before
paying him (called income execution) and send it directly to SCU, who
will then forward it to you.
- Have the government send them his state or federal income tax refund or
a portion of his unemployment benefits.
- Have the Department of Motor Vehicles suspend his driver's license.
- Take money from his bank accounts and retirement accounts.
- Put liens on his property (like cars and home) so he can't sell that
property without paying child support first.
- Report his late support payments to credit agencies.
Can a Westchester County Child Support Lawyer Help with Your Violation Petition?
In short, Yes. The Child Support lawyers of
Riebling, Proto & Sachs, LLP have helped countless clients in the Westchester Family Courts enforce
child support orders and defend against claims of willfulness for years.
With over 50 years of combined experience, our child support attorneys
will take the time to go over the facts of your particular case and explain
to you the best way for your case to be handled.
Recently, our attorneys successfully defended a father that had prior judgments
issued against him and now owed in excess of $40,000.00 in child support.
The client was facing incarceration of up to six months when he contacted
our firm. By acting quickly, our child support attorneys were able to
collect necessary information and present it to the court in such a way
that it explained why he had fallen behind with his child support payments.
The client was able to avoid incarceration at the end of the hearing.
Thereafter, the client was able to obtain employment that allowed him
to fulfill his obligations under the order, something that would not have
occurred if he was imprisoned.
Contact a Proven Child Support Attorney in Westchester County, NY
If you or someone you know has an issue with Child Support,
contact the proven child support attorneys of Riebling, Proto & Sachs, LLP.
We will work quickly to protect your rights.
Free Consultations are available. Call (914) 840-5104.