If the parties reached a voluntary agreement regarding child support payments where the payor pays a certain amount each week, bi-weekly, semi-monthly, or monthly and the payor failed to comply with the agreement, then the payee can file a child support petition seeking court-ordered child support. Additionally, the parent can request for the child support payments to be taken directly from the payor’s paycheck if the payor is a W-2 employee. The child support petition can be filed in the county where the child resides.
If there is an existing child support order, then the custodial parent can try to reach out to the non-custodial parent to see why no child support payments were made. If this does not work, then the custodial parent can file a violation petition against the non-complying party seeking certain remedies from the court. Some of the common remedies include a money judgment, incarceration, and a finding of willfulness. To explore other possible remedies available, one can speak with an attorney.
Usually, the custodial parent can file a child support or violation petition in Bronx County Family Court Monday through Friday from 9AM to 4PM. It is better to file sooner rather than later because when a final order of child support is entered, it is retroactive to the filing date of the child support petition. Once a violation petition is filed, there is a certain time period in which the judge must conduct the hearing; usually, it is 30 days.
However, should the custodial parent file a child support petition or a violation petition now during the COVID-19 epidemic? This is an issue that many custodial parents are facing, and they do not know what to do or how to proceed with their case as courts are only accepting and hearing certain types of cases. It might be beneficial to speak with an attorney to determine when and how to file your child support petition or violation petition. If your case falls into one of the limited cases that the court is hearing, then it should be filed now. Judge Lawrence Marks’ Memorandum sets forth what types of cases the court is accepting and hearing at this time. Some other factors to take into consideration are: how many child support payments were missed, how much is owed in child support, are you able to reach an agreement with the other parent regarding the late child support payments, is the payor incarcerated, and is the payor employed or unemployed at this time due to COVID-19.
If you need legal advice, then Jayson Lutzky gives free consultations and can be reached at 718-514-6619, Monday – Friday, 9AM – 4PM. He has been practicing law for over 36 years in New York and can help you with your legal matter. During this COVID-19 epidemic, it is important to speak with an attorney regarding your legal matter and rights and to explore the possible routes that can be taken. Due to COVID-19, he is available by telephone or Skype or Zoom.