This form is an official State of New York Family Court sample form, a detailed Order - Upon Support Magistrate Determination of Willfulness (Family Court Act Section 156.)
Kings New York Order — Upon Support Magistrate Determination of Willfulness In New York, the Kings County Family Court deals with various cases related to family law, including child support matters. When a Support Magistrate determines willfulness, meaning the non-custodial parent deliberately refuses to pay child support without just cause, they may issue a Kings New York Order upon Support Magistrate Determination of Willfulness. This order is aimed at ensuring compliance with child support obligations and enforcing the payment of overdue support. The Kings New York Order — Upon Support Magistrate Determination of Willfulness is specifically designed to hold the non-paying parent accountable and take appropriate legal actions to secure the children's financial support. This court order typically includes several key elements: 1. Payment Plan: The Support Magistrate may establish a new payment plan that outlines the required child support payments based on the non-custodial parent's income, expenses, and any other relevant factors. The order may specify the frequency of payments, such as weekly, bi-weekly, or monthly. 2. Enforcement Measures: To ensure compliance, the order may include different enforcement mechanisms, such as wage garnishment, tax refund interception, or suspension of driver's license or professional licenses. 3. Arrears Collection: If the non-custodial parent has accumulated unpaid child support (commonly referred to as arrears), the order may outline specific actions to collect the outstanding amount. This could involve additional deductions from income or seizure of assets. 4. Contempt of Court: The order may warn that failure to abide by its terms will be considered contempt of court. If the non-paying parent continues to ignore the order's instructions, they may face legal consequences, such as fines, penalties, or even imprisonment. It is important to note that the Kings New York Order — Upon Support Magistrate Determination of Willfulness may vary depending on the specifics of each case. The court takes into consideration the unique circumstances, incomes, and needs of both parents, and the best interests of the child involved. Other Types of Kings New York Orders — Upon Support Magistrate Determination of Willfulness: 1. Temporary Support Order: In some cases, if the Support Magistrate finds willful non-payment, they may issue a temporary support order. This order ensures that the custodial parent receives financial assistance immediately, while a comprehensive determination is being made. 2. Modification Order: If there is a significant change in circumstances, such as a job loss or a substantial increase in the non-custodial parent's income, either party can request a modification of the Kings New York Order. The Support Magistrate will re-evaluate the child support amount and may adjust it accordingly. 3. Termination Order: In certain situations, such as the emancipation of the child or upon request from the involved parties, the Support Magistrate may issue a termination order. This order removes the obligation for ongoing child support payments. For any parent facing issues related to child support, it is crucial to consult with a family law attorney or seek guidance from the Kings County Family Court to understand the specific requirements and procedures involved in the Kings New York Order — Upon Support Magistrate Determination of Willfulness.Kings New York Order — Upon Support Magistrate Determination of Willfulness In New York, the Kings County Family Court deals with various cases related to family law, including child support matters. When a Support Magistrate determines willfulness, meaning the non-custodial parent deliberately refuses to pay child support without just cause, they may issue a Kings New York Order upon Support Magistrate Determination of Willfulness. This order is aimed at ensuring compliance with child support obligations and enforcing the payment of overdue support. The Kings New York Order — Upon Support Magistrate Determination of Willfulness is specifically designed to hold the non-paying parent accountable and take appropriate legal actions to secure the children's financial support. This court order typically includes several key elements: 1. Payment Plan: The Support Magistrate may establish a new payment plan that outlines the required child support payments based on the non-custodial parent's income, expenses, and any other relevant factors. The order may specify the frequency of payments, such as weekly, bi-weekly, or monthly. 2. Enforcement Measures: To ensure compliance, the order may include different enforcement mechanisms, such as wage garnishment, tax refund interception, or suspension of driver's license or professional licenses. 3. Arrears Collection: If the non-custodial parent has accumulated unpaid child support (commonly referred to as arrears), the order may outline specific actions to collect the outstanding amount. This could involve additional deductions from income or seizure of assets. 4. Contempt of Court: The order may warn that failure to abide by its terms will be considered contempt of court. If the non-paying parent continues to ignore the order's instructions, they may face legal consequences, such as fines, penalties, or even imprisonment. It is important to note that the Kings New York Order — Upon Support Magistrate Determination of Willfulness may vary depending on the specifics of each case. The court takes into consideration the unique circumstances, incomes, and needs of both parents, and the best interests of the child involved. Other Types of Kings New York Orders — Upon Support Magistrate Determination of Willfulness: 1. Temporary Support Order: In some cases, if the Support Magistrate finds willful non-payment, they may issue a temporary support order. This order ensures that the custodial parent receives financial assistance immediately, while a comprehensive determination is being made. 2. Modification Order: If there is a significant change in circumstances, such as a job loss or a substantial increase in the non-custodial parent's income, either party can request a modification of the Kings New York Order. The Support Magistrate will re-evaluate the child support amount and may adjust it accordingly. 3. Termination Order: In certain situations, such as the emancipation of the child or upon request from the involved parties, the Support Magistrate may issue a termination order. This order removes the obligation for ongoing child support payments. For any parent facing issues related to child support, it is crucial to consult with a family law attorney or seek guidance from the Kings County Family Court to understand the specific requirements and procedures involved in the Kings New York Order — Upon Support Magistrate Determination of Willfulness.