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The Appellate Division upheld the Family Court's decision. Judges found that failing to pay child support for that stretch of time was enough to prove willful violation on its face. The father did not present solid, believable evidence showing he was financially unable to pay. Because of this, the finding of willful violation stood. The court also ruled that $1,500 was a reasonable purge amount, rejecting the mother's argument that it should have been higher. All other arguments from the father were also rejected. The original order, including possible jail time unless the purge amount was paid, remained in place.
Maria Martucci and Biagio Nerone were divorced parents of a child born in 1999. A prior court order required the father to pay child support. The mother claimed he failed to pay between March 2020 and November 2020. A Support Magistrate held a hearing and found the father's failure to pay was willful, meaning it was done on purpose without a good reason. The Family Court agreed and ordered the father to be jailed for four months in Richmond County, unless he paid $1,500 to fix the problem. This payment is called a 'purge amount.' Both the father and the mother appealed the decision.
The court had to decide two things. First, did the father prove he truly could not pay support during that time? Second, was $1,500 a fair purge amount to avoid jail? Under New York law, once evidence shows missed payments, the parent must prove they couldn't pay. Simply not paying isn't automatically forgiven.
This case shows how New York courts treat missed child support payments. Once nonpayment is proven, the burden shifts to the parent to show they truly couldn't pay. Courts also have discretion in setting purge amounts, and appellate courts often defer to those decisions if reasonable.
Talk to a licensed family law lawyer in New York.