When judges issue child support orders, they expect both parties to comply with the terms they lay out. However, there are numerous cases in which the parent who is ordered to pay support fails or refuses to follow the order. This leaves the other parent in financial peril and harms the best interests of the child.

If you are not receiving the child support that the other parent has been ordered to pay, it’s time to speak with a knowledgeable Garden City family law attorney. Our firm can also assist if you are the parent who is struggling to make payments and you need to modify the support order. That’s the level of comprehensive legal service you can expect from The Saul Law Firm, LLP.

How Child Support is Paid in New York

Once a judge issues a child support order, the court will often send a notice to their employer directing them to withhold a portion of the parent’s income for support. Support may also be taken from other forms of income such as unemployment, disability, Social Security, and a pension. The court may garnish or order additional child support for a parent who falls behind on their monthly payments.

If the parent is self-employed or unemployed, then they must make payments directly to the New York State Child Support Processing Center. There are programs that help parents in Garden City who struggle to make payments, or they can request a modification in certain cases. Therefore, in the eyes of the law, there is no excuse for a parent’s failure to make court-ordered support payments.

How New York Enforces Child Support Orders

There are two broad approaches that New York will take to enforce child support orders: administratively, through the New York State Support Collection Unit, and judicially through the court system. Both the paying and receiving parents should be aware of the various enforcement tools that are available.

Administrative enforcement

The Support Collection Unit  has authority to administratively enforce child support orders without going back to court, and will generally take this approach first before the judicial route. Enforcement options include:

  • Added amounts to the original order: Regular child support payments may be increased  above the ordered amount until the arrearage is satisfied.
  • Bank account seizure: The Support Collection Unit (SCU)  can seize bank accounts and other financial assets to satisfy past due child support balances.
  • Tax refund offset: If the paying parent expects to receive a state or federal income tax refund, this money may be sent instead to the Support Collection Unit. 
  • Lottery winnings intercept: Similarly, if the paying parent wins $600 or more in the New York lottery and owes at least $50 in arrears, the prize money will get paid to SCU.
  • Driver’s license suspension: If SCU suspends the paying parent’s driver’s license, the parent will need to pay what is due or enter into another arrangement.
  • Professional license penalties: The state may deny a new or renewed professional license or only grant a temporary one until the parent resolves the issue.
  • Credit consequences: New York will notify credit reporting agencies of unpaid child support, making it difficult to obtain a mortgage and other loans in Garden City or elsewhere. 
  • Passport denial: The paying parent will not be able to obtain a new or renewed passport until the matter is addressed with SCU.

Judicial enforcement

If administrative actions do not resolve the outstanding child support issue, either the Support Collection Unit  or the other parent may file a petition with the Family Court, or a motion for contempt in Supreme Court. The court will then hold a violation hearing and may order the following:

  • Money judgment: The court will set a specific arrearage amount, which will accumulate  annual interest until it is paid.
  • Lien: The court can place a lien on the paying parent’s property, and this will prevent sale or transfer of the property.
  • Cash deposit: As a safeguard against future failure to pay support, the paying parent might have to deposit up to three years’ worth of payments as a cash bond.
  • Jail: In cases of willful refusal to pay child support, the parent who owes the support could be incarcerated for up to six months.
  • Occupational license suspension: Professionals who hold occupational licenses could see them suspended for failure to pay.

What To Do If You Can’t Afford Child Support

Most parents can reasonably anticipate when their financial circumstances will change to the point that they can no longer make their monthly child support payments. If it’s apparent that you will not be able to meet this obligation, you don’t want to wait and possibly incur the above and other enforcement actions. Our Garden City family lawyer can help you request a modification.

A paying parent cannot ask for a child support modification simply because they don’t like the existing order. There must be evidence of a substantial change in circumstances since the order was entered that renders it impractical or unfair. Such circumstances may include:

  • A job loss
  • Fewer available hours to work
  • No more overtime
  • Becoming disabled

A parent can request a modification if:

  • Three years have passed since the order was entered or last modified
  • There has been a change in either parent’s gross income by 15% or more
  • Any decrease in income is involuntary and the affected parent has tried to find work commensurate with their income earning capacity.

Contact Our Garden City, NY Child Support Enforcement Attorney

Regardless of which side of a child support enforcement action you are on, our experienced family law attorney is ready to assist you. We can also advise you about modifying a prior order. For all matters concerning enforcement and modification, connect with The Saul Law Firm, LLP today.

Frequently Asked Questions About New York Child Support Enforcement

If the other parent isn’t paying, can I withhold visitation?

No. If the other parent is not paying child support, the solution is not to withhold visitation as a punishment, because the courts view support and custody/visitation as separate matters. You should speak with a Garden City family law attorney and file a violation petition with the court.

Can the court order the non-paying parent to pay my lawyer fees?

Yes. After a hearing and a determination that the parent has intentionally failed to pay child support, the court may order that parent to pay for the other parent’s legal fees.

How can I prove the other parent intentionally failed to pay support?

A parent intentionally fails to pay child support if they have the financial ability to do so but intentionally do not pay. However, even if a parent is trying in good faith to pay child support, enforcement actions may commence against them. This is why a parent who is struggling to pay support should speak with an attorney immediately.