You receive a child support order, either from Family Court or Supreme Court, what happens if you do not make your child support payments?  Once there is a valid child support order, failure to make the required support payments is “prima facie” evidence of a willful violation.  This means, that once you fail to make any support payments, you are deemed to be in willful violation of the court’s order.  You now have the burden of proof to demonstrate some credible evidence on why you had the inability to make the required payments.  This can be very difficult.

First, it is important to note, that if the court finds that you willfully violated the court’s order, you could be facing imprisonment of up to 180 days.  Clearly, you want to avoid a finding of a willful violation.

In demonstrating that you had the inability to make the required payments, you need to show why your income —  after the court’s order — was insufficient to make the payments.  In other words, you do not get another chance to try to show that the original court’s order of support was excessive.  Instead, you have to demonstrate that your income decreased after that order in such a way so that you could not make the payments.

You would also need to show that the loss of income was not due to any fault of your own.  For example, you lost your job, because the company laid you off.  Finally, you need to present evidence that you made consistent efforts to replace your income by trying to find new employment.

It is highly recommended that you make your child support payments.  If you do not, you could be facing jail time.  If your income decreases and you can’t make your child support payments, it is better to be proactive and request a downward modification instead of simply not making your payments.

David Badanes and the Badanes Law Office have counseled numerous individuals on the issue of failing to make child support payments.  If you are facing a charge of a willful violation, it is important to hire an attorney immediately.  Call David Badanes and the Badanes Law Office today at 631-239-1702, email us at; david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has locations in Northport and Garden City.