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What can the New York courts do about child support violations?

On Behalf of | Mar 24, 2021 | Child Support

There is a litany of issues that must be addressed in a New York family law case. While many disputes center on property division, spousal maintenance and custody, one of the most contentious and important is if a supporting parent fails to pay what is owed in child support. Since children must receive proper care with shelter, food, clothing, medical care and other basics, it causes a series of challenges if the payments are not made on time or in full. In some cases, they are not paid at all. Having assistance from professionals who know how to deal with these concerns is crucial to achieve a positive outcome.

State courts can take certain steps with child support issues

Supporting parents are obligated to make their payments. If they do not, the court can take various actions. To enforce a child support order, it can enforce a money judgment including the requirement that the support be paid in addition to counsel fees. If the person has a job, there can be an income deduction taken out of his or her paycheck to make the required payments in child support.

Property can be sequestered to make the payments. For those who have a driver license, it can be suspended due to nonpayment. If there are recreational licenses, these too can be suspended. Importantly, those who have a business, professional or occupational license can face a suspension. A person who is behind in payments by at least $2,500 could have a passport renewal attempt denied. Tax refunds and lottery winnings can be taken. In extreme cases, people could be incarcerated for up to six months.

To collect overdue child support, professional help can be essential

The initial reaction for parents who are not receiving their child support payments may be to get angry and to be fearful as to what the future holds. They might not be aware that there are laws in place to protect them. The order is in place to provide for a child and make certain their best interests are served. Failure to make those payments can negatively impact everyone involved including the child and both parents. To ensure the payments are made, the state has certain ways to address it. To have assistance in getting child support payments whether they are slightly overdue, not paid in full or have not been paid at all for an extended period, it is wise to have professional help immediately.