What will a violation petition do to the father of the child

Child Support 6 views 2 answers
he says he doesnt have a job thats the reason why he cant pay his child support.

Attorney Answers

2
Rachel A WalkerChild Custody LawyerBeacon, NY ·
If you were to file a petition with the court that he is in violation of the court's support order, there will be a hearing before the judge where a number of things could happen. The court could possibly instruct him that he needs to pay or face penalty from the court which could include fines and or imprisonment. The court will not take as a 'defense' to his non payment that he was unemployed or unable to pay. If his circumstances are so significantly changed that he could no longer afford his payments it is his responsibility to file for a downward modification, which he can do at anytime. There is no guarantee for him that a modification will occur, there are several factors that the magistrate will consider. However, with regard to what he currently owes he will be ordered to make those payments.
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Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
It will probably raise the level of importance he places on his obligation to pay child support. Sadly, it rarely pays to be "nice" about these things. If he truly has his priorities straight, and he still cannot meet his child support obligation, then he will have an opportunity to prove that to the court and apply for a downward modification. Good luck!
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