In all 50 states, both parents are expected to financially support their children and New York is no exception. It costs a lot to raise a child regardless of age and if a non-custodial parent thinks diapers, wipes and formula are expensive, just wait until their children are teenagers. In the teen years, kids eat more, they need more expensive clothing and their high school sports can cost hundreds, if not thousands a year.
Parents with residential or physical custody rely on child support to provide for their children’s needs. When a non-custodial parent refuses to pay child support, continuously falls behind on child support, or allows long lapses between payments, it can be very frustrating for the custodial parent. The failure to pay child support can directly impact the child’s quality of life. It can mean the child doesn’t play soccer or football.
Child Support Enforcement
If your former spouse is not paying child support, you can file a “violation petition,” and ask the court to take action against your former spouse for disobeying a child support order. The support magistrate can direct the Support Collection Unit (SCU) to take the support out of their paycheck, or to take other steps to collect the money due to you.
Some of the important administrative procedures that can be used to collect your overdue child support include:
- Income Execution (IEX): with IEX, payments for the child support arrears would be deducted from your former spouse’s wages or other income.
- Unemployment Insurance Benefits (UIB) Intercept: if the other parent is receiving unemployment benefits, their child support payments would be deducted from their benefits automatically.
- Their state and federal tax refunds can be intercepted.
- Their name can be reported on their credit. This can make it difficult for them to get a loan until they come current on their child support.
- Their NYS lottery winnings can be intercepted.
- Their driver license can be suspended.
- Their professional and business licenses can be suspended.
- If they own more than $2,500 in child support, a U.S. passport can be denied.
To get the professional, legal assistance you need with a New York City child support matter, contact Goldweber Ebstein LLP to schedule an initial consultation.