Child support violation. ..

1) if you have an order and he hasn't paid - he will likely be violated 2) I you can prove he had money to pay the support, but chose not to, then he might be held in "willful violation" - A willful violation can land him on probation or in jail 3) Depending on his job, education/training, the number of child support orders he already has prior to your child support order, it may effect the outcome, but your order should be followed and your request to have the Support Collection Unit take it directly from his pay should be honored. 4) The amount of the Order should not even be questioned unless he files a modification (and can prove he has grounds to do so) I hope this helps and happy holidays. Donald VanStry, Esq. Syracuse, NY

Best way to be prepared is to be very specific about how much he paid as opposed to how much he was ordered to pay and have the specific dates for when he paid and how much. He has the burden of proof to demonstrate that he actually paid the amounts he was ordered to pay and that he does not owe any arrears. If he cannot demonstrate that, the court will grant your request to have payments made to the SCU. You should also consult with a lawyer.

You should request that the money be paid through the Support Collection Unit if it is not already being paid in that manner. The support magistrate will probably ask you if you want him to be incarcerated if he is found in willful violation. If you say "yes", they will appoint a free attorney to him if he is unable to afford one. You should come to court with the dates and amounts of non-payment to explain to the court how you calculated $1,800 as the amount due. The only way support can be lowered is if he has filed a petition to lower it. If that's the case, you must bring your financial affidavit, 3 most recent pay stubs and well as your most recently filed tax return. You should strongly consider retaining counsel or at having a consultation with an experienced child support attorney.