How to Enforce a Child Support Order in New York

When parents get divorced, they are both required to continue supporting their children financially. For the parent that does not have primary or physical custody of the child, this means making monthly child support payments.

However, there is a widespread problem the United States when it comes to parents who do not pay the child support for which they are responsible. So, as a custodial parent, what recourse do you have to enforce a child support order and hold the paying parent responsible?

Your first step will be to speak with an attorney or the Office of Child Support Services in your area. Upon discussing your circumstances and considering how severe the problem is, enforcement methods could include any of the following:

• Wage deductions: You could request that income be withheld from the delinquent parent’s wages. That money would then be put directly toward child support payments. Typically, the money is garnished from the paycheck on the employer’s end, so the parent never even receives it. This can be achieved through the Support Collection Unit or an income execution which can prepared by an attorney.
• Income tax intercepts: States may intercept tax refunds to repurpose for child support arrears. You need to have your payments through Support Collection Unit for this to occur.
• License suspensions: A delinquent parent could have his or her driver’s license suspended or revoked for continued refusal to make child support payments. You need to have your payments through Support Collection Unit for this to occur.
• Contempt of court: A delinquent parent may be held in contempt of court for a refusal to make child support payments. This could lead to fines or jail time up to 6 months.
• Passport restrictions: A parent who does not make child support payments could be prevented from using or renewing his or her passport.

For more information on the various methods of enforcing child support orders,  an experienced family law attorney at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia LLP.