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Court Rules on Wilfull Violation of Court Order

In 1996, a paternity and child support proceedings were initiated against a man regarding a child, born out of wedlock. A New York Family Lawyer said the matter was scheduled but on the day the man failed to appear. After an inquest, the court entered an order declaring the man to be the father of the child and immediately referred the issue of support to a hearing examiner.

In 1997, the hearing examiner issued an order requiring the man to make weekly payments for the benefit of the child and pay the counsel fee within sixty days from the date ordered. A New York Custody Lawyer said the directive was duly served on the man by mail. In 1998, the man failed to make any payments in any way for the benefit of the child.

The county’s department of social services commenced an action against the man in the family court based on his willful failure to comply with the order.

A Manhattan Family Lawyer said that all parties appeared for a hearing. At the conclusion, it was determined that the man had knowingly, consciously, and voluntarily disregarded the order. The findings of the hearing examiner were immediately confirmed and the man was immediately taken into custody and admitted to the correctional facility for a period of six months. The man remained confined until he arranged to pay the necessary amount and was released.

The department of social services commenced their second proceeding against the man for his failure to comply with the order. After a hearing, the hearing examiner found that the man had failed to comply with the order and that he owed support arrears.

In 1999, the man had not paid any part of the counsel fees. The department of social services again commenced their third proceeding against the man based on his failure to comply with his obligations in the paternity matter. It sought recovery of arrears then due and owing.

In 2000, after a hearing, the hearing examiner found that the man knowingly and voluntarily disregarded the order of the family court and the man was immediately committed to the correctional facility for a period of 88 days. A Bronx Family Lawyer said the man again arranged the payment later that day and was released.

Subsequently, the department of social services initiated their fourth lawsuit against the man. After the hearing, it was found that the man willfully failed to comply with the order of the court. At the conclusion, the hearing examiner directed the man to immediately appear to the judge for a confirmation hearing. But, he intentionally ignored the instruction and left the courthouse. When the man failed to appear, the judge issued a warrant for his arrest.

The man was taken into custody. He was produced and arraigned, who fixed bail at $100,000, and remanded him to the correctional facility. However, the man arranged to pay the $27,500 and was released.

The complainant sent a letter to the man by certified mail, return receipt requested, notifying him that an investigation had been initiated against him, regarding his conduct in the matter. The man was asked to submit a written answer within 15 days. The letter was delivered to the man and no response was received.

Consequently, based on the man’s admissions and the evidence presented at the hearing, charges one, two, three, four, and six are sustained. For that reason, the complainant’s motion is granted with respect to those charges.

The court also ordered that the complainant’s motion to confirm in part, and disaffirm in part, the report of the special referee is granted insofar as charges one, two, three, four, and six are sustained, and the motion is denied. The court also suspended the man from the practice of law for a period of two years.

If you are a parent who wants to obtain your child’s guardianship, you can ask legal assistance from the Suffolk County Child Custody Attorney or Suffolk County Family Lawyer. However, if you are one of those who seek support from your wife or husband for your child’s right, ask the Suffolk County Child Support Lawyer at Stephen Bilkis and Associates for legal representation.

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