What Happens When You Fail To Pay Child Support in New York

As a seasoned Brooklyn attorney specializing in family law, I have represented numerous clients in the New York Supreme Court. One of the most critical issues that often arise during divorce proceedings is the failure to pay child support. Allow me to illustrate the severity of this issue with a case I recently handled.

I recently was in Court, arguing my contempt motion in New York Supreme Court. And, a wealthy businessman who owns a number of bakeries told the Judge he makes no money… so, he cannot pay child support.

The Serious Consequences of Non-Payment

In this particular instance, a well-off businessman, who owns multiple bakeries, stood before the judge claiming he made no money and thus could not afford child support. Despite his claims, it was evident that his financial struggles were self-reported and not reflective of his actual economic situation.

Legal Repercussions

This businessman had not paid any child support or spousal maintenance for over a year. Consequently, he faced a severe penalty—a potential jail sentence unless he complied with the court-ordered support. The judge had initially set the combined temporary support at fifteen thousand dollars per month, a sum that he entirely neglected.

His refusal to make any payments, not even partial contributions, greatly aggravated the situation. This negligence not only strained his financial obligations but also alienated the divorce judge, potentially jeopardizing his case at trial. Such behavior in court, especially in front of a judge who holds significant sway over the outcome of your case, is ill-advised and detrimental.

Strategic Advice for Managing Court Expectations

In legal disputes, especially those involving family law, it is crucial to handle matters with careful consideration and respect for the judicial process. Here are some strategic tips:

1. Make an Effort: Even if full payment is not possible, showing that you are making an effort by paying what you can afford goes a long way in court.

2. Communicate Openly: Keep the lines of communication open with both the court and the opposing counsel. If you’re facing financial difficulties, be transparent and provide proof.

3. Respect the Court: Always maintain a respectful demeanor in court. Your conduct can significantly influence the judge’s perception and, ultimately, the decisions in your case.

Need Legal Assistance?

If you’re navigating a divorce or child support case in New York and want to ensure you’re taking the right steps, don’t hesitate to reach out. I’m Brian D. Perskin, a Brooklyn attorney experienced in handling complex family law cases. Protecting your rights and ensuring your responsibilities are managed wisely is my top priority. Contact my office today to discuss how we can secure the best possible outcome for your situation. Together, we can navigate the legal system effectively and avoid the pitfalls that might jeopardize your case.