Understanding Contempt for Failure to Pay Child Support in New York
Child support is a critical element in ensuring the well-being of children following a divorce or separation. When a parent fails to comply with court-ordered support obligations, they may face serious legal consequences, including contempt charges. This article explores the standards New York courts use to determine contempt for failure to pay child support and outlines essential steps parents should consider if faced with such allegations.
What is Contempt in Child Support Cases?
Contempt, in the context of child support, occurs when a parent willfully fails to comply with a court-ordered child support obligation. In New York, establishing contempt requires the petitioner (the parent owed child support) to demonstrate that the other parent (the respondent) has intentionally and unjustifiably violated the child support order.
Prima Facie Evidence of Willful Violation
In New York, the initial burden is on the petitioner to prove that the respondent has willfully violated the child support order. Courts consider the failure to pay as prima facie evidence (i.e., evidence sufficient at first glance) of willfulness. As demonstrated in recent cases such as Nestor v. Nestor (2025) and Kaloustian v. Tsvetkov (2025), merely showing that payments were not made as ordered shifts the burden of proof to the respondent to justify non-payment.
The Burden Shifts to the Respondent
Once the petitioner presents evidence of non-payment, the respondent must demonstrate through competent, credible evidence their financial inability to comply. This means the respondent must show detailed documentation proving either unemployment, a substantial change in financial circumstances, or diligent yet unsuccessful efforts to secure adequate employment.
Key Takeaways from Recent Case Law:
Nestor v. Nestor – 2025 NY Slip Op 01369 - The Family Court confirmed that the father willfully violated the child support order after he failed to present credible and competent evidence proving financial hardship or inability to meet his support obligations.
Kaloustian v. Tsvetkov – 2025 NY Slip Op 01367 - Similarly, the father’s failure to provide proof of reasonable efforts to obtain gainful employment or demonstrate financial hardship resulted in the court finding him in contempt.
What Constitutes Competent, Credible Evidence?
To effectively rebut allegations of contempt for non-payment, respondents should:
Provide comprehensive financial records, including bank statements, income tax returns, pay stubs, and records of expenses.
Demonstrate efforts to gain employment or improve financial circumstances, such as evidence of job applications, interviews attended, or efforts to secure training and educational opportunities.
Clearly document any medical conditions or unforeseen life circumstances impacting their ability to comply with the support order.
Consequences of Being Found in Contempt
If a court finds a parent in contempt for willful non-payment of child support, potential penalties may include:
Wage garnishment
Suspension of driver’s or professional licenses
Seizure of tax refunds
Additional fines and legal fees
In extreme cases, imprisonment
Seeking Legal Assistance
Given the complexities surrounding contempt proceedings and the serious consequences involved, parents facing allegations of contempt, or parents owed child support, should seek professional legal assistance. Experienced family law attorneys here at Mindin & Mindin, P.C. can help navigate the legal process, gather necessary evidence, and advocate effectively in court.
Experienced Representation for Your Child Support Matter
Our law firm has substantial experience representing parents on both sides of child support contempt actions in New York courts. If you’re involved in a contempt action related to child support obligations, don't hesitate to reach out for a consultation. We can help clarify your rights, responsibilities, and the best strategies to achieve a fair and just resolution for you and your family.
Contact our office today to schedule your consultation and ensure your rights are protected.