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.)
A Syracuse New York Order — Upon Support Magistrate Determination of Willfulness is a legal document issued by the court system in Syracuse, New York, in cases involving child support or spousal support payments. This order is typically issued when the support magistrate determines that the obligated party, either the non-custodial parent or the spouse, has willfully violated their support obligations. In these cases, the support magistrate reviews the evidence and testimonies presented and determines whether the obligated party had the ability to make the required support payments but consciously neglected or refused to do so. If willful non-payment is determined, the support magistrate has the authority to issue an order outlining the consequences and measures to rectify the situation. There are two main types of Syracuse New York Order — Upon Support Magistrate Determination of Willfulness: 1. Enforceable Payment Plan Order: This type of order outlines a specific payment plan for the obligated party to catch up on their overdue support payments. The order could specify a lump-sum payment or spread the amount over a period, usually with fixed monthly installments. Failure to comply with the payment plan may result in further legal actions and penalties. 2. Contempt of Court Order: If the support magistrate finds that the willful non-payment is egregious or repetitive, they may issue a Contempt of Court order. This order notifies the obligated party that they have been found in contempt for willfully violating the support obligations. It outlines penalties, such as fines, license suspension, or even imprisonment if the non-payment continues. Additionally, the party may be required to pay the recipient's legal fees for filing the enforcement action. The Syracuse New York Order — Upon Support Magistrate Determination of Willfulness aims to protect the rights and well-being of children or spouses entitled to support payments. It helps ensure that the obligated party fulfills their financial responsibilities and provides a fair and equitable solution for all parties involved. Compliance with these orders is crucial, as failing to do so may lead to severe legal consequences.A Syracuse New York Order — Upon Support Magistrate Determination of Willfulness is a legal document issued by the court system in Syracuse, New York, in cases involving child support or spousal support payments. This order is typically issued when the support magistrate determines that the obligated party, either the non-custodial parent or the spouse, has willfully violated their support obligations. In these cases, the support magistrate reviews the evidence and testimonies presented and determines whether the obligated party had the ability to make the required support payments but consciously neglected or refused to do so. If willful non-payment is determined, the support magistrate has the authority to issue an order outlining the consequences and measures to rectify the situation. There are two main types of Syracuse New York Order — Upon Support Magistrate Determination of Willfulness: 1. Enforceable Payment Plan Order: This type of order outlines a specific payment plan for the obligated party to catch up on their overdue support payments. The order could specify a lump-sum payment or spread the amount over a period, usually with fixed monthly installments. Failure to comply with the payment plan may result in further legal actions and penalties. 2. Contempt of Court Order: If the support magistrate finds that the willful non-payment is egregious or repetitive, they may issue a Contempt of Court order. This order notifies the obligated party that they have been found in contempt for willfully violating the support obligations. It outlines penalties, such as fines, license suspension, or even imprisonment if the non-payment continues. Additionally, the party may be required to pay the recipient's legal fees for filing the enforcement action. The Syracuse New York Order — Upon Support Magistrate Determination of Willfulness aims to protect the rights and well-being of children or spouses entitled to support payments. It helps ensure that the obligated party fulfills their financial responsibilities and provides a fair and equitable solution for all parties involved. Compliance with these orders is crucial, as failing to do so may lead to severe legal consequences.
