If a parent fails to make child support payments, the other parent may file a motion for contempt to bring the issue before the court. A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s child support order. Ignoring the court’s order will have serious potential consequences, including loss of custody or visitation rights, and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt). And in some cases of repeated failures to comply with the child support order, the court may punish the uncooperative parent with jail time (criminal contempt).

In New York, when a parent fails to make court-ordered child support payments, the other parent has the right to file a motion for contempt of court. This legal action is taken to address the non-compliant parent's disregard for the court's order. The consequences of being found in contempt can be severe. The court may impose various penalties, including the loss of custody or visitation rights, and the non-compliant parent might be ordered to pay the legal fees and costs incurred by the other parent in bringing the motion. Additionally, the court has the authority to enforce the child support order through coercive civil contempt, which may include measures designed to compel compliance. In cases of repeated non-compliance, the court may escalate the matter to criminal contempt, which carries the possibility of jail time. The goal of these actions is to ensure compliance with child support orders and to uphold the best interests of the child or children involved.