Long Island’s Best Divorce Lawyer said this appeal was of an order relating to a child support proceeding of the Family Court. The Family Court issued an order (without a hearing) revoking a prior order which suspended Petitioner’s (hereafter the father) commitment to prison. As a result of the revocation, the Court directed that the father be incarcerated.
Citing to the Court’s decision, a Nassau County Family Law Attorney said the prior order was revoked because the father “willfully failed to obey a lawful order of support.” However, the Appellate Division found that the Family Court erred in issuing the order “without first affording the father a hearing.” As a result, the order of the Family Court revoking the prior order was reversed. The case was remitted to the Family Court for a hearing on the petition.
The consequences of not paying one’s child support obligations can be dire. If you are in a situation where it is difficult to make these payments and are in arrears or wish to enforce an award of child support seek out the advice of the experienced Family Law attorneys at Simonetti & Associates.