When a non-custodial parent fails to pay child support, this can create financial and emotional stress on the custodial parent who is relying on that financial support to take care of the child’s needs. While the custodial parent has the right to go to court to obtain an enforcement order, there are also several administrative procedures that the custodial parent can take advantage of to collect the arrearages once a notice has been sent to the non-custodial parent advising them of the past-due support payments such as:
- • Wage garnishment where the support is taken out of the non-custodial parent’s paycheck.
- • The arrearages can be taken out of the non-custodial parent’s tax refund or New York lottery winning.
- • Garnishment of the non-custodial parent’s bank account.
- • Garnishment of a non-custodial parent’s unemployment compensation.
- • Suspension of the non-custodial parent’s New York driver’s license or passport.
- • Negative reporting of the late payment to credit agencies.
The New York State Department of Taxation and Finance (“DTF”) is the agency that is in charge of filing warrants with the county clerk’s offices to enforce child support collection which is more than $500.00 and 45 days past-due. There is an electronic database that the agency maintains which can be searched by the non-custodial parent’s name, county or both.
Going to Court
If the custodial parent chooses to go to court to get a court enforcement order, the court may suspend the non-custodial parent’s professional state license, such as a real estate license in order to pressure the non-custodial parent to pay their support. The court may also order jail time or probation. Many custodial parents hire a New York family law attorney to help them collect child support arrearages and file court requests for enforcement orders.
The non-custodial parent has the option of also making an order for modification of support if their financial circumstances have changed or they have lost their job. Child support orders are complex. It is important that both the custodial and non-custodial parent understand their rights and obligation and legal remedies available to them.
