What Happens at a Hearing on Contempt in a Child Support Case

My question involves a child custody case from the State of: New York

I was ordered to pay child support in may of 2017. I owe $2,4500 in arrears and only made one payment of $100.00.

This upcoming Friday I have court as the mother of my child is taking me for "willful violation"

What could happen at the court? Is it true the judge can put you in jail?

Yes it is true.

I paid half of my balance. Will I be okay now? Will the judge think that I "wilfully" stop paying child support and would punish me still?

Why weren't you paying the ordered support?

I didnt want to pay she is already married and stepdmom can pay. She is married with a woman.

A friend of mine told me that the judge may find "wilfull" that I didnt pay as I paid a day before court.

But what should matter is that I paid right?

The fact that you could have paid and didn't will probably make a difference to the judge. You withheld the payment on purpose. That's "willful" disobedience to the court ordered child support.

Doesn't matter that she is remarried or that stepmom has money. That's not how child support works. You have a court ordered payment and you failed to pay it.

I disagree. The judge wanted me to pay and I did. Theres no reason to find me in contempt of willful violation

They cannot arrest me because I paid right? Neither cancell my license

You wrote in your first post.

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I was ordered to pay child support in may of 2017. I owe $2,4500 in arrears and only made one payment of $100.00.

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You later updated

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I paid half of my balance.

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That means you didn't pay. And you said the reason you didn't pay was

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I didnt want to pay she is already married and stepdmom can pay.

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Not a reason that will bring joy to the judge.

Not a reason I will share with the judge. I am telling the judge that I was unable to pay and what matter is that I did paid. Im paying today the rest of the balance so it would be zero

So why should I go to court if I paid? No arrears no punishment

You should go to court so you don't get hit with a Failure To Appear.

Yes I am going. Funny is that shes taking me to court for failure to pay what she dont know is that by tomorrow everything will be pay

So my question is. No arrears no punishment, right?

You may just get a slap on the wrist the first time, but you should start paying regularly for your child if you don't want to be in this boat every few months. You created a child, and are obligated to support your child. It doesn't matter who mom married afterwards.

A judge will see right thru your lie of being unable to pay, and the spite you obviously feel toward the mother of your child. They know what was ordered based off your income. They also will be able to see that you came up with a lump sum in order to avoid jail and license suspension. Do you think you are the first person to pull this? Additionally, if you were truly unable to pay, you would have likely asked for a reduction at some point, and had to show proof that you couldn't meet your ordered obligation.

I don't see why you think it is funny. The judge isn't going to hold it against her that you failed to pay as you were ordered to. Yes, unfortunately, the fact that you have paid will likely keep you out of jail. But the next time you are late and she again files against you the judge will see that you have a history of being late.

Why do you think a stranger should help support YOUR child?

My son lived with them not with me. I could have give her cash. I was sending money via western union but still when I first took her to court for "custody" judge instead put me child support and gave her full custody. I told judge I was paying via western union no need for child support but she wanted child support.

You are required to pay child support BECAUSE the child is living with them not you. The stepmother could be the richest person in the world and that would not relieve you of your duty to pay. You were ordered to pay child support for exactly the reason at hand, you didn't pay.

So you don't think that YOUR child is entitled to any support from YOU?

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Quoting Mtxpro123

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My son lived with them not with me. I could have give her cash. I was sending money via western union but still when I first took her to court for "custody" judge instead put me child support and gave her full custody. I told judge I was paying via western union no need for child support but she wanted child support.

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So? You didn't think the child needed to eat or wear clothes?

I know he has the clothes. Step mom even pay private school for him. The judge should see he dont need child support. They are expecting a child supposedly did insemination so my ex is not even working. Judge can give me custody as mom is not working. Right? I have no arrears by tomorrow mom Cannot even support him

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Quoting Mtxpro123

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I know he has the clothes. Step mom even pay private school for him. The judge should see he dont need child support. They are expecting a child supposedly did insemination so my ex is not even working. Judge can give me custody as mom is not working. Right? I have no arrears by tomorrow mom Cannot even support him

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Grow up.

You're not getting custody because you're a deadbeat who happens to have more small change than Mom.

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Quoting Mtxpro123

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I know he has the clothes. Step mom even pay private school for him. The judge should see he dont need child support. They are expecting a child supposedly did insemination so my ex is not even working. Judge can give me custody as mom is not working. Right? I have no arrears by tomorrow mom Cannot even support him

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This is about facts not emotions. You guys even said it no punishment for me as I paid the arrears. Shes not working she cant support him i can get full custody. A stranger is because they are married but still you guys said it shes stranger.

I can practically guarantee you will not get full custody. I can also hope that you are just playing the part of troll and aren't actually this ignorant.

The mother clearly has been supporting him because you haven't been.

And any judge that gave you custody should be kicked off the bench.

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Quoting Mtxpro123

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I know he has the clothes. Step mom even pay private school for him. The judge should see he dont need child support. They are expecting a child supposedly did insemination so my ex is not even working. Judge can give me custody as mom is not working. Right? I have no arrears by tomorrow mom Cannot even support him

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The step mother. Mom is not even working. You see what I mean?

We do see what you mean, but you are wrong. She is still supporting him. Her decisions are keeping a roof over his head, food in his belly and clothes on his back. Your decisions are not doing that. See what we mean?

Court is tomorrow and I can certainly guaranteed that nothing will happen to me. Just a waste of time. Ill keep you guys updated

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Quoting Mtxpro123

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Court is tomorrow and I can certainly guaranteed that nothing will happen to me. Just a waste of time. Ill keep you guys updated

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This time.... If it happens again, I wouldn't be so sure.

This the second time. First time judge ordered child support and I only paid $100 until I got arrears. He said I could get my license suspended. But that case pertained to custody. Where she was granted full custody. Should I be worry?

This will be the first time for you going to court regarding NOT paying the ordered support from the first time. You will likely get a slap on the wrist. If it happens again, do not expect the judge to be kind even if you pay arrears off at the last minute. They do not like when parents play games like the ones you are playing.

Honestly though, with your attitude, it is possible that a judge won't react kindly the first time either. No one knows for sure what a judge will do.

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Quoting Mtxpro123

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This the second time. First time judge ordered child support and I only paid $100 until I got arrears. He said I could get my license suspended. But that case pertained to custody. Where she was granted full custody. Should I be worry?

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People give you advice and you retaliate with 25 reasons why you think you are right. You aren't here for answers, you are here for validation, which you will not get. You do not get custody because mom doesn't work. Stepmom is keeping a roof over YOUR child's head and food in his mouth. You should be kissing the ground she walks on. Stop being bitter because your wife left you for a woman and pay to take care of your kid. If this is your second hearing, they are going to tire of your crap really quickly.

Under the law, the child has a right to support from both parents. That means you and Mom, not Mom and StepMom. I think you're going to be very surprised at what happens tomorrow.

EL responders, I think this poster is a prime candidate for the OG effect. What say you?

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Quoting cbg

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EL responders, I think this poster is a prime candidate for the OG effect. What say you?

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Yep

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Quoting cbg

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Under the law, the child has a right to support from both parents. That means you and Mom, not Mom and StepMom. I think you're going to be very surprised at what happens tomorrow.

EL responders, I think this poster is a prime candidate for the OG effect. What say you?

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That, and I believe there's a lonely bridge somewhere ...

How about we just get the thread closed. There is nothing we can add at this point.

No dont close my threat please. I need support for tomorrow hearing

I am interested to see what tomorrow brings.

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Quoting Mtxpro123

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No dont close my threat please. I need support for tomorrow hearing

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Feel free to open this forum on your phone while in court tomorrow and give us a play by play. I likely wouldn't upset the judge anymore than you will anyway.

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Quoting PayrolGuy

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Feel free to open this forum on your phone while in court tomorrow and give us a play by play. I likely wouldn't upset the judge anymore than you will anyway.

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He should also keep repeating to the judge "No arrears, no punishment" and make reference to the fact that his ex wife is remarried, so it's not his job to support the kid anymore. I would love to be a fly on the wall for that one.

My ex actually had the gall to say that to a judge in her first 'failure to pay' hearing.....that she didn't think she owed me CS because I made enough to provide every thing for our daughter. Needless to say, the judge gave her an epic lecture.

We are now approaching the third 'failure to pay' hearing, and my ex still has that attitude, similar to the OP. I just don't get it. SMH.

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Quoting Tiewaz

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My ex actually had the gall to say that to a judge in her first 'failure to pay' hearing.....that she didn't think she owed me CS because I made enough to provide every thing for our daughter. Needless to say, the judge gave her an epic lecture.

We are now approaching the third 'failure to pay' hearing, and my ex still has that attitude, similar to the OP. I just don't get it. SMH.

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Mine had medical bills and told the judge, "I don't see it as my job to pay medical bills. She has custody."