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How is child support enforced in New York?

| May 2, 2019 | Matrimonial Law & Divorce Law |

People who are awarded child support in New York know how important those payments are to help them provide for the needs and care of their children. They also understand the added burden they may face if their children’s other parents do not fulfill their financial obligations. Therefore, it behooves parents to be aware of the enforcement options available to encourage payment or recover past due balances.

According to the New York State Office of Temporary and Disability Assistance, the state’s child support enforcement program may use income execution, unemployment insurance benefits intercept or lottery intercept to collect overdue child support. The state may deduct all or a portion of people’s wages earned, benefits received, tax refunds issued or winnings to apply toward their child support balances. Income execution and unemployment insurance benefits intercept may also be used to collect current child support payments.

Falling behind on their child support may also affect people’s ability to drive and to travel abroad. The child support enforcement program can take administrative action to suspend the driving privileges of parents who are in arrears, as well as to deny their request for or the renewal of their passports. According to the New York State Office of Temporary and Disability Assistance, if parents fall four or more months behind on their child support payments, the program may also suspend their professional, business, occupational or recreational licenses, permits and registrations. This includes liquor licenses for bar and restaurant owners and physicians’ licensures to practice medicine, as well as people’s hunting and fishing licenses.

If people are two or more months past due on their child support, they owe $300 or more, and they have not made a payment in 45 days or more, they may have their assets frozen by the state’s child support enforcement program. This may prevent them from accessing the funds in their banking or other financial accounts until a specified amount is paid or they have filed a claim for exempt funds or mistake of facts.

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