Kramer Levin Successfully Represents Pro Bono Client in Child Support Case

In January 2020, Kramer Levin filed a petition for violation of a child support order on behalf of a single mother who was owed thousands of dollars in child support needed to care for her young son. After a willfulness hearing, on May 27, 2021, Kramer Levin successfully obtained an order from the Manhattan Family Court finding that the Respondent willfully violated the child support order by failing to pay over $11,300 in arrears. The Support Magistrate also recommended imposing the maximum jail time of 6 months if the arrears are not paid in full by Sept. 16, 2021. In making its willfulness determination, the court credited Kramer Levin’s arguments that the Respondent, a barbershop owner, prioritized other expenses and failed to meet his burden of establishing an inability to pay child support. It rejected the Respondent’s claims that he could not pay due to a reduction in earnings because of the coronavirus pandemic, and found “incredible” claims that he had not paid any bills for his barbershop for many months. The court also credited evidence presented by Kramer Levin of two prior willfulness findings against the Respondent for previous violations of the order in 2018 and 2019. Ultimately, the court held that “[i]t is clear to this Court that Respondent has been prioritizing other bills at the expense[] of his support order. It is also clear that Respondent will not pay child support unless coerced by the threat of possible incarceration.” This outcome was particularly rewarding for the client, who has not received any child support from the Respondent in over 20 months, and has never received weekly payments as mandated by the order.

The Kramer Levin team included Litigation associates Erin V. Klewin and Rachel L. Goot, corporate associate K. Kaelin Brittin, and paralegal Pamela Badolato. Litigation partner Alan R. Friedman supervised this matter.