Defending and Prosecuting Willful Violations of Child Support Orders in Brooklyn, NY: What You Need to Know

When a parent falls behind on child support payments in New York, the consequences can be severe. In Family Court, failure to pay support as ordered may lead to what’s called a “willfulness hearing.” If the Court finds that the violation was willful, a parent may face serious penalties—including incarceration. At Gilmer Law Firm PLLC, our Brooklyn, NY Willfulness attorney has extensive experience representing both custodial parents seeking enforcement and non-custodial parents defending against these serious allegations.

What Is a Willfulness Hearing?

Under Family Court Act § 454, when a party is brought before the Court for violating a lawful order of child support, the Court has discretion to use a range of enforcement tools. These may include license suspension, wage garnishment, money judgments, and in extreme cases, jail time. If the violation is alleged to be willful, the Court must hold a specific hearing to determine whether the non-paying parent had the ability to pay and simply chose not to.

A finding of “willfulness” does not merely mean that the parent missed payments—it means the parent had the means to pay but deliberately failed to do so.

If you are facing one of these hearings or believe your co-parent has intentionally stopped paying child support, you need a skilled New York Willfulness attorney who understands both the procedural rules and the available defenses.

Burden of Proof in Willfulness Hearings

In a willfulness hearing, the petitioner—usually the custodial parent or child support enforcement unit—must first present prima facie evidence that the respondent failed to comply with the support order. This can be as simple as showing nonpayment.

Once this is done, the burden shifts to the respondent to prove that the failure was not willful. According to the Second Department’s decision in Matter of Pascarella v. Pascarella, this means offering competent, credible evidence of the inability to pay during the time the payments were due. A general statement of hardship or unemployment is not enough; the respondent must be able to show efforts to obtain employment, pay partial support, or seek modifications of the order.

Consequences of a Willful Violation

If the Court finds a willful violation, consequences may include:

  • Incarceration up to six months under FCA § 454(3)(a)
  • Payment of the other party’s attorney’s fees
  • Money judgment for arrears
  • Driver’s license suspension
  • Professional or business license suspension

The Court may also impose alternative sanctions, including probation, job training, or mandatory participation in work activities.

These penalties can be life-altering. That’s why having a seasoned Brooklyn, NY child support violation attorney is crucial to protect your rights and ensure due process.

Common Defenses to a Willfulness Claim

An experienced New York child support violation attorney can raise several defenses on behalf of the respondent, including:

  • Inability to Pay: The most common defense, but it requires proof such as medical disability, job loss, or other substantial economic hardship.
  • Lack of Notice: The respondent may not have received proper notice of the order.
  • Constructive Emancipation or Parental Alienation: In some cases, courts have recognized that child support may be suspended if the custodial parent has deliberately alienated the child from the non-custodial parent, or if the child, without cause, refuses a relationship with the parent.
  • Improper Procedure: If the Family Court or Support Magistrate failed to advise the respondent of their right to counsel, or denied a full and fair hearing, that may be grounds for reversal (Rudd v. Rudd).

At Gilmer Law Firm PLLC, we carefully analyze your case to determine the best possible defense or enforcement strategy.

Filing for Enforcement as the Petitioner

For custodial parents seeking to enforce an order, we work swiftly to gather payment history, financial records, and evidence of the respondent’s ability to pay. We appear at all hearings and advocate for full relief, including possible jail time where appropriate. Our Brooklyn, NY child support violation attorney team ensures the Court understands the impact nonpayment has had on the child and your household.

Responding to Enforcement Petitions as the Respondent

For non-custodial parents facing enforcement actions, we assess your ability to pay, examine your financial documents, and argue against willfulness when appropriate. We help clients seek modifications of their support orders when their financial circumstances have changed, preventing future violations and protecting their freedom.

Why Choose Gilmer Law Firm PLLC?

Located in the heart of Downtown Brooklyn, Gilmer Law Firm PLLC has over a decade of experience in New York Family Court proceedings. We have successfully handled countless willfulness hearings and support violation cases in Kings County and beyond. Whether you are a parent seeking enforcement or defending against an accusation of willfulness, our office is here to guide you with compassion and aggressive legal advocacy.

Call a Brooklyn, NY Willfulness Attorney Today

Don’t face a willfulness hearing alone. Whether you’re enforcing an order or defending against allegations, contact Gilmer Law Firm PLLC—your trusted Brooklyn, NY child support violation attorney. We serve clients throughout New York City, including Brooklyn, Queens, Manhattan, the Bronx, and Staten Island.