“How does a child support petition affect someone who’s on parole?”

Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense

One of the conditions of parole is the parolee must lead a “law abiding life,” which is another of saying he must obey the laws. If the parolee was ordered to pay child support and he or she failed to do so, then the parolee would be in violation of parole. The Parole Board would need to make this determination after holding a hearing.

An additional point to keep in mind is that, in addition to the problems related to the parole, the parolee could face additional jail time for failing to pay child support.  First, a petition would need to be brought to family court which alleges he or she failed to pay child support. Then, the court will provide you with a court date. At this court date, there will be a hearing to determine if the failure to pay was “willful.”  A willful violation means the person could have paid the child support but failed to do so.

If the violation is shown to be willful, the court will schedule an additional date and if the Family Court Judge approves the Magistrate’s decision of a willful violation, then additional jail time will result from the finding of contempt.

For more questions, contact Andrew Tabashneck attorney for a free consultation.


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