Asked in Child Support for New York

Q: Child support violation hearing

Non custodial parent has not paid any current child support since December of 2019 as of February 2021 he owes 4800.56 in arrears with the last tax intercept being March 2020 if I take him to court for a violation hearing and I do end up getting another tax intercept refund for his arrears before the court hearing is scheduled can he still be held in contempt I have his social media post stating that he in fact had an income the times he was supposed to pay can that be used as proof

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1 Lawyer Answer
David Ivan Bliven
David Ivan Bliven
  • White Plains, NY
  • Licensed in New York

A: If he violated the order by not paying, but then the tax intercept pays off all arrears, he could nevertheless be held in willful violation of the support order (for having violated it in the first place). That said, if there's no arrears by the time of court, then there's little the Court would do - though in theory the Court could direct him to post an undertaking. Schedule a consult with a Westchester/Bronx Child Support attorney for a full assessment.

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