If one of the parents fails to make payments, the other parent may file a support violation petition in Family Court. The court will evaluate whether or not the nonpayment was intentional. A deliberate violation occurs when a parent fails to pay child support when he or she has the ability or should have had the ability to pay. An unintentional violation occurs when a parent cannot pay his or her support due to unemployment or other unforeseen circumstances. In addition to determining whether the violation was intentional or not, the court will also consider the amount of support that is owed, the past history of compliance with previous orders, the financial resources of both parties, the physical health of the parents, and the emotional condition of the parents. If the court determines that there has been a violation and that the parent against whom the support motion is filed lacks intent to violate the order, it may grant an extension of time to pay pending a final determination of the petition. A support violation petition does not replace existing collection methods but rather provides an additional tool for collecting overdue support. It can be used instead of or in conjunction with a wage assignment or a replevin action. A support violation petition is most useful when the alleged violator has several debts to the government or others. If you are trying to collect child support, do not file a violation petition until all other attempts have failed. Consider talking with an attorney before filing any petitions.