In most cases, the non-custodial parent of a child is ordered to pay child
support to the other parent. In New York, child support is primarily determined
by each parent’s income, in addition to the needs of the child,
which will likely change with age. If your former spouses ceased to make
these payments, however, you are likely frustrated and wondering what
can be done to enforce your child support order. Thankfully, you have
legal options.
Enforcing Your Child Support Order
Child support orders can be established by a judge during the divorce process
or by New York’s Division of Child Support Enforcement (DCSE). Either
way, it must be obeyed by the non-custodial parent. If a former spouse
fails to make these payments in full and on time, he or she could face
hefty fines or jail time. Although the DCSE or a judge will help enforce
your child support order, you must secure legal counsel to handle your
case and bring the action to court.
That said, a judge can penalize your ex-spouse in ways that are not in
the DCSE’s power. The DCSE can garnish your former spouse’s
bank account or wages, but that is the extent of its reach. In addition
to wage garnishment, your former spouse might be subject to some of the
following if he or she does not comply with the child support order:
- Seizure of personal property
- Poor credit
- Interception of a tax refund
- Lien on a business
- Loss of passport or driver’s license
- An order to pay your legal fees
- Loss of professional license
Moreover, a judge could potentially hold your former spouse in contempt
for disobeying the child support order. If this occurs, your former spouse
might have to pay a fine and might spend some time in jail, in addition
to having to pay the child support you are owed.
Although the law is on your side when it comes to enforcing a child support
order, it is still a complex legal process, so it is crucial to hire an
attorney to guide you through it and ensure your paperwork is in order.
If you do not currently have a child support order in place and would
like one, you can apply for one through the DCSE.
Reach Out to an Experienced Child Support Attorney Today!
Children have both emotional and financial needs and, to ensure those needs
are met, the non-custodial parent typically has to pay
child support. If your co-parent is refusing to pay child support, you can take legal
action to enforce the support order. At The King Law Firm, our legal team
will walk you through the process and ensure you are able to obtain the
money you are owed, so you can care for your children. Put your trust
in a law firm dedicated to providing quality legal guidance.
Contact our law office today at (347) 343-5467 to schedule a free case evaluation
and learn more about your legal options.