Child Support Laws in New York
Westchester County firm answers child support questions
With more than 25 years’ experience, Lauren B. Abramson, Esq. is equipped to answer your child support questions and provide guidance about modifications and enforcement. We stay abreast of changes in the laws so we are always prepared to protect your interests.
What is the mechanism for enforcing child support?
The New York State Assembly has empowered the Division of Child Support Enforcement of the Office of Temporary and Disability Assistance to collect overdue child support without court involvement.
Before the office begins an administrative collection procedure, it sends the noncustodial parent a notice that explains the procedure, provides instructions for complying with the child support order, explains the consequences of failing to comply, and provides a deadline for complying. The notice also provides information on how to challenge an administrative action.
What’s the process for collecting overdue child support?
The Division of Child Support Enforcement uses two administrative procedures to collect current or overdue child support. The procedures are:
- Income Execution — In the Income Execution (IEX) process, current support payments, overdue payments or both are deducted from the noncustodial parent’s wages or other income by his or her employer or other income payer.
- Unemployment Insurance Benefits Intercept — The Unemployment Insurance Benefits (UIB) Intercept procedure applies to noncustodial parents receiving unemployment insurance benefits from the state Department of Labor. The intercept process automatically deducts current support payments, overdue payments or both from the parent’s unemployment payments.
How can the state help me collect overdue child support?
The Division of Child Support Enforcement employs a variety of administrative procedures to collect overdue child support. Depending on the amount that’s overdue and how long it has been overdue, the division may apply several enforcement actions at the same time. The administrative steps the division can take include:
- Liens — To collect overdue child support, the state can file liens against a delinquent noncustodial parent’s real estate or personal injury claims or awards.
- Property execution — The state can seize a noncustodial parent’s financial assets, including bank accounts, to collect overdue child support.
- Driver license suspension — The Division of Child Support Enforcement can arrange the suspension of a delinquent noncustodial parent’s New York driver license.
- Income tax refund intercept — The division can intercept a delinquent noncustodial parent’s federal income tax refund, state tax refund or both.
- Credit bureau submission — The state can submit the names of delinquent noncustodial parents to the major consumer credit reporting agencies, which will make it difficult for the noncustodial parent to obtain loans or other forms of credit.
- Lottery intercepts — New York State lottery winnings may be intercepted to pay overdue child support.
- Tax referrals — The names of delinquent noncustodial parents are sent to the state Department of Taxation and Finance, which can apply tax collection remedies to collect the overdue child support.
- Passport denial — The Division of Child Support Enforcement and the U.S. State Department work together to prevent a delinquent noncustodial parent from renewing or obtaining a passport.
The attorney and staff at the law offices of Lauren B. Abramson can help you with your child support issues, whether you’re receiving or paying support. We also can assist you in asking the court to modify your support order.
Can the court help enforce a child support order?
A parent who fails to pay child support after a divorce is violating the court order that awarded the support. Consequently, the attorney for the custodial parent can ask the court to enforce its order. The court will hold a hearing to determine if the order was violated. If it was, the court can take several actions against the delinquent parent, including:
- Garnish the parent’s paycheck
- Order a lump sum payment
- Order the arrearage to be paid over time, increasing the monthly support obligation
- Suspend the parent’s driver license and professional or business license
- Sentence the parent to jail for up to six months for willful nonpayment
Contact our Westchester County office for child support assistance
Lauren B. Abramson, Esq. helps parents with child support issues, whether you’re receiving or paying support. Our office is across from Saxon Woods Park, between the Hutchinson River Parkway and the New England Thruway. We’re open from 9 a.m. to 6 p.m. Monday through Friday. Call us at 914-908-6829 or contact us online today to schedule a consultation. We serve individuals and families throughout Westchester and Putnam counties, including White Plains, Harrison, New Rochelle, Bedford, Armonk, Bronxville, Larchmont, Mamaroneck, Somers, Croton-on-Hudson, Carmel, Peekskill and Rye.