Your child support obligation is an order made by the New York State family court that handles your initial divorce case. Meaning, electing to skip or delay these payments may be considered a violation of the law. So you should not be surprised that, after performing such actions, you are summoned to appear in front of the court once more. Well, with that being said, please read on to discover whether you will be called to a court hearing if you stop paying this order and how a seasoned New York City child support attorney at Mark Wakim Law can help you navigate this matter legally.
Will I be called to a court hearing if I stop paying child support?
The short answer is, yes, your former spouse may have little to no patience for your failed child support payments and file a violation petition with the New York State family court. Soon after, a hearing may be scheduled so the court can determine whether you indeed violated this standing order. If they rule as such, you may be facing many different disciplinary actions.
Firstly, the court may take matters into their own hands, so to speak, to ensure your former spouse receives the funds necessary to aid your child. With this, they may order your wages to be garnished, your assets to be seized, your civil lawsuit or settlement earnings to be intercepted, and much more.
What’s worse, you may be held in contempt of court. After all, to reiterate, failing to make child support payments is considered non-compliance with a legally binding obligation ordered by the court. This may be especially initiated if the court is under the belief that you willfully withheld these funds from your child, out of spite for your former spouse, or otherwise. With this, they may order you to community supervision, community service, or even jail.
Under what circumstances can child support end without a hearing?
You may stop making child support payments, without your former spouse having grounds to file a violation petition against you, under certain exceptions. They all essentially have to do with your child becoming legally emancipated. They read as follows:
- Your child legally emancipates themself between the ages of 16 and 21.
- Your child is considered a legal adult and subsequently emancipated at 21.
- Your child gets legally married or enters the military service.
Even if your child support obligation is allowed to stop at this time, this is not to say that you will be relieved from your outstanding payments. That is, you must still pay your former spouse the remaining balance from when your child was not yet legally emancipated and otherwise under your direct financial responsibility.
You must retain legal representation before you even get close to your scheduled court date. So please, contact one of the competent New York City matrimonial and family law attorneys from Mark Wakim Law today.
