Saturday, July 20, 2013

What does " Failure was not Willful" mean in a final order for enforcement mean?

Q:  I received a final order and it was found that I failed to comply with the order and that such failure was not willful. What does the "Failure was not willful" mean?

A:  David's Answer:  It means that you partially won your case, in that the Judge or Magistrate found that while you did violate the order, same was not intentional (perhaps "merely" negligent or showing a reckless disregard for same nevertheless). If it was for back child support, the Magistrate may still enter a money judgment against you even for a non-willful violation. For a full assessment, schedule a consultation with a White Plains Family Law attorney.  -- David Bliven, Westchester Family Law attorney (

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