Family Law Firm NYC Unpaid Child Support Full Recovery

The client finalized a divorce after the marital relationship irretrievably broke down due to the former spouse’s infidelity, and during the divorce process, the court designated the client as the primary custodial parent of the minor children. 

Under the final judgment, the noncustodial parent was ordered to pay monthly child support in a fixed amount per child until each child reached adulthood.

Parenting time was also scheduled on a regular basis, reflecting the expectation of continued involvement by both parents despite the divorce.

Despite the clarity of the court order, the former spouse failed to make any child support payments whatsoever from the outset, resulting in a growing arrears balance that placed the full financial burden of child rearing on the client. 

In addition to the nonpayment, the former spouse did not exercise parenting time, further demonstrating a pattern of disengagement from parental obligations.

After attempting informal resolution without success, the client retained a Family law firm NYC to pursue formal enforcement.

Under New York family law principles, a noncustodial parent remains legally responsible for contributing to the financial support of minor children regardless of divorce circumstances or personal grievances. 

Child support is considered the right of the child rather than the custodial parent, meaning it cannot be unilaterally withheld. 

The Family law firm NYC highlighted that failure to pay support constitutes a breach of court authority and directly undermines child welfare.

Because the original child support order was valid and enforceable, the case did not require a reassessment of income or a new determination of support levels. Instead, the focus was on enforcing compliance and recovering arrears. 

The Family law firm NYC emphasized that absent extraordinary justification, nonpayment alone establishes sufficient grounds for enforcement relief.

Counsel established that the former spouse had not contributed to the children’s expenses in any form, including basic necessities, educational costs, or incidental support. 

Evidence showed that the custodial parent had shouldered all financial responsibilities alone, reinforcing the inequity created by the nonpayment. 

The Family law firm NYC framed this pattern as a sustained abdication of parental responsibility rather than a temporary lapse.

Although the former spouse informally suggested financial hardship, further investigation revealed that this claim was inconsistent with actual living conditions and recent business activity.

Information obtained during the proceedings demonstrated that the noncustodial parent had sufficient income and was maintaining a lifestyle incompatible with an asserted inability to pay. 

The Family law firm NYC argued that nonpayment was willful rather than unavoidable.