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 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 Does New York Enforce Child Support Orders?
When a judge issues a child support order, both parents are expected to follow it. But sometimes the paying parent refuses or fails to comply. This leaves the receiving parent struggling financially and harms the child’s best interests.
At The Saul Law Firm, LLP, we help Garden City and Long Island parents enforce unpaid child support or request modifications when obligations become unmanageable.
How Is Child Support Paid in New York?
In New York, most support is deducted directly from the paying parent’s income. Payments may come from:
- Employer wage withholding (most common method)
- Unemployment or disability benefits
- Social Security or pensions
- Direct payments to the New York State Child Support Processing Center (if self-employed or unemployed)
Important: Even if a parent struggles financially, there is no legal excuse for ignoring a court-ordered support obligation.
Administrative Tools New York Uses to Enforce Child Support
The New York Support Collection Unit (SCU) can act without going back to court. Administrative enforcement options include:
- Adding extra amounts to regular payments until arrears are cleared
- Seizing bank accounts and financial assets
- Intercepting state or federal tax refunds
- Redirecting New York lottery winnings over $600
- Suspending driver’s licenses until payment arrangements are made
- Denying or suspending professional licenses
- Reporting arrears to credit agencies
- Blocking passport applications or renewals
What Judicial Actions Can Enforce Child Support?
If administrative actions fail, SCU or the receiving parent can file in Family Court or Supreme Court. Judges may then order:
- Money judgment with interest added until paid
- Property liens preventing sale or transfer
- Cash deposits of up to three years of future payments
- Occupational license suspensions
- Jail time (up to six months) for willful refusal to pay
What Should You Do If You Can’t Afford Child Support?
If your financial situation changes, it’s critical to act quickly. You may request a modification if you can show a substantial change in circumstances. Examples include:
- Job loss
- Reduced work hours or elimination of overtime
- Disability or health-related inability to work
You may also request a modification if:
- Three years have passed since the last order, or
- Either parent’s income changed by 15% or more (involuntary decreases only)
Can a Parent Stop Paying Child Support?
No. A parent cannot stop payments or seek modification simply because they dislike the order. They must provide evidence of a significant, involuntary change. Ignoring the order only leads to enforcement actions, penalties, and possible jail time.
Contact Our Garden City Child Support 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.
FAQs
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.
The Saul Law Firm, LLP helps clients throughout Garden City, Nassau County, Suffolk County, Westbury, Uniondale, Hempstead, Long Island, Queens, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.