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If the noncustodial parent is not paying support in New York there are many avenues available to enforce a child support order. Child support laws in New York are in place to protect the best interests of children and ensure that both parents share the responsibility of raising their children. In this article, we will discuss child support in New York, your rights as a parent, the laws governing child support, and how to enforce child support orders.
Introduction to child support in New York and Tools to Enforce a Child Support Order
Child support is a legal obligation that a non-custodial parent must pay to the custodial parent to support their child’s needs. It is based on the principle that both parents share the responsibility of raising their children. Once that order is issued by a court, the court has many tools available to enforce the child support order.
Understanding your rights as a parent
If you are the custodial parent, you have the right to receive child support payments from the non-custodial parent. If you are the non-custodial parent, you have the right to request a modification of the child support order if there has been a significant change in circumstances, such as a loss of income or a change in custody arrangements.
However, if the non-custodial parent fails to pay child support, they may face legal consequences. The custodial parent has the right to petition the court to enforce a child support order.
Overview of New York child support laws
New York child support laws are designed to ensure that both parents share the responsibility of raising their children. The state has established guidelines for calculating child support based on a percentage of the non-custodial parent’s income. The guidelines take into account the number of children involved, the parents’ income, and other factors.
In New York, child support orders can be modified if there has been a significant change in circumstances, such as a change in custody or a loss of income. The state also has a Child Support Collection Unit (CSCU) that can help enforce child support orders. The right of the custodial parent to seek to enforce a child support order through the support collection unit is absolute.
Child Support Collection Unit (SCU) in New York
The Child Support Collection Unit (SCU) in New York is responsible for enforcing child support orders. The SCU can help locate non-custodial parents, establish paternity, and collect child support payments. If a non-custodial parent fails to pay child support, the SCU can take legal action to enforce the order.
The SCU has several enforcement options available, including wage garnishment, seizing assets, and suspending driver’s licenses or professional licenses. The unit can also take legal action against the non-custodial parent, which can result in fines or even jail time. The SCU was set up and specifically tasked to enforce child support orders.
Enforcing a child support order in New York
If a non-custodial parent fails to pay child support, the custodial parent can take legal action to enforce the order. The first step is to contact the SCU to report the non-payment. The SCU will then take action to enforce the order, which may include wage garnishment or legal action.
If the non-custodial parent continues to fail to pay child support, the custodial parent can file a petition with the court to hold them in contempt. If the court finds the non-custodial parent in contempt, they may face fines or even jail time.
Consequences of violating a child support order
Violating a child support order in New York can have serious consequences. The non-custodial parent may face legal action, fines, and even jail time. They may also have their driver’s license or professional license suspended. In addition, their credit rating may suffer, making it difficult to obtain loans or credit in the future.
Child support enforcement options available
There are 5 important tools that can be used to enforce a child support order.
Income Withholding: the most common method to enforce a child support order in New York is income withholding or garnishment. Income withholding involves deducting child support payments directly from the non-custodial parent’s paycheck. The employer is required to withhold a certain amount of money from each paycheck and send it to the child support agency, which then distributes the funds to the custodial parent.
Financial Institution Data Match: This enforcement measure involves matching the non-custodial parent’s name with financial institution records to locate any bank accounts or other assets. Once the assets are identified, the child support agency can seize the funds and apply them to the child support arrears.
Driver’s License Suspension: In New York, a driver’s license can be suspended if a parent falls behind on child support payments. The suspension is effective until the parent pays the arrears or enters into a payment plan.
Passport Denial: The federal government can deny a parent’s passport application or renewal if the parent owes more than $2500 in child support arrears.
Incarceration: A support magistrate or judge can order a non-paying parent to jail for up to 90 days.
Contempt of Court for Violating a Child Support Order
Sometimes none of the other 4 tools work. Then in order to enforce a child support order, contempt of court must be used. A contempt of court order is a court order that requires the non-custodial parent to comply with the child support order or face serious consequences, including fines and imprisonment.
To obtain a contempt of court order, the custodial parent must file a petition with the court, stating that the non-custodial parent has violated the child support order. The court will then hold a hearing.
If the court finds that the non-custodial parent is in contempt of court, the parent can be fined, imprisoned, or both. If imprisoned the parent will still have to pay the arrears.
It is important to note that a contempt of court order is a serious matter and can have significant consequences.
Conclusion
If you are facing a child support issue, it is important to understand your rights and obligations. At Port and Sava we are experienced in seeking to enforce a child support order, and representing parents facing contempt. Call us at 516-352-2999 for a free telephone consultation.
