If you are a noncustodial parent who has never fallen behind on child support before, you may not be fully aware of the various tools child support agencies have at their disposal when it comes to collecting past-due child support. Some of these enforcement tools include denying a U.S. passport when child support arrears exceeds $2,500, tax liens, bank account levies, interception of tax refunds, and license suspensions.
All states have laws on the books that suspend or revoke noncustodial parents’ licenses when they fail to pay child support; however, the laws vary from state-to-state. Some states require that an obligor has not paid for a specific length of time, while other states mandate that an obligor is behind a certain amount –these are both called “trigger criteria.”
The Law in New York State
The laws on license suspensions for the failure to pay child support are covered under N.Y. Dom. Rel. Law §13-244 and N.Y. Soc. Serv. Law §6A-111B. In New York, license suspensions are triggered once a noncustodial parent is in arrears equal to or greater than four months.
The following licenses can be suspended for the failure to pay child support in New York:
- Business licenses
- Driver licenses
- Occupational licenses
- Professional licenses
- Recreational licenses (e.g. hunting and fishing)
If you owe four or more months in back child support, you should receive a notice in the mail about suspending your licenses. You will have 45 days from the date of the notice to pay the balance in full, enter into a payment arrangement, or request a review of your case.
If your licenses are at stake because of past-due child support, you may need to ask the family court for a downward modification so your payments can reflect your current financial circumstances. Whether you need assistance with a child support case or another family law matter, Goldweber Epstein LLP can help. Contact us today.