For custodial parents, financial stability while raising children can be challenging, especially when expenses mount. It can be frustrating and overwhelming if the other parent fails to comply with a child support order. However, legal options are available. To understand how to enforce your child support order in New York, please continue reading and consult with a knowledgeable Suffolk County Child Support Attorney today. 

What is Child Support?

First and foremost, it’s important to understand that child support is a legally mandated payment from one parent to the other, designed to help cover the essential costs of raising a child. This payment ensures a child’s fundamental needs, including food, shelter, clothing, and healthcare, are met. The specific amount is usually determined by the court, taking into account both parents’ income and the child’s unique needs.

Child support orders are legally binding, meaning that if the non-custodial parent fails to comply, it can result in various legal consequences, including fines, wage garnishment, and even jail time. In New York, a child support order is only effective if it is enforced.

How Do I Ask the Court to Enforce My Child Support Order?

Unfortunately, it is not uncommon for a parent who is obligated ot pay child support to fall behind on their payments or even refuse to pay altogether. This can cause significant financial strain for the custodial parent and negatively affect the child’s overall well-being. If this reflects your circumstances, it’s crucial to understand the legal avenues available. The specific methods of enforcement can vary, but they often involve legal action to compel the non-paying parent to satisfy their obligations. Common ways to enforce a child support order include:

  • Wage Garnishment: This is one of the most common enforcement methods employed by the court. The court can issue an order for income withholding, which directs an employer to deduct child support payments directly from the non-paying parent’s wages and send them to the custodial parent.
  • Liens on Property: A lien can also be placed on the property and assets of the non-custodial parent. If the property is sold, outstanding child support arrears must be paid from the proceeds.
  • Seizure of Assets: The court may seize cash or cash-equivalent assets as a way to pay back overdue payments.
  • Tax Refund: Federal and state child support agencies can intercept tax refunds owed to the non-paying parent to cover child support arrears.
  • Issuance of a Warrant: In extreme cases of non-compliance, the court can issue a bench warrant for the arrest of the non-paying parent.
  • License Suspension: In some cases, the court may suspend various licenses, such as driver’s licenses and professional licenses, for parties who are significantly behind on their payments. This is a solid motivator for compliance.
  • Contempt of Court: If a parent intentionally defies a court order, they can be held in contempt, which can lead to various penalties.

As you can see, there are several ways that your child support order cna be enforced in New York. At the Law Offices of Susan A. Kassel, P.C., we are prepared to help you file a formal request to the court, along with evidence that demonstrates the other parent’s failure to comply with the existing order to safeguard your rights. Connect with our firm today to learn more.