A major issue that often arises between New York parents who are no longer together is child support payments and making certain they are paid on time and in full. While it is ideal if the parents are on good terms and the payments are made as they should be, for a variety of reasons this does not always happen. The custodial parent who is supposed to be getting child support from the noncustodial parent should be aware of the tactics that can be used for child support enforcement and getting what is owed.
When the child support is overdue — also knows as arrears — the supporting parent can be compelled to pay through a variety of means. These can be done without the need to go to court. However, before any administrative procedure starts, the noncustodial parent will receive a notice. It details the procedures that will be used, a deadline will be given and instructions to comply with the order to avoid penalties will be listed.
If the child support is not paid after that, the authorities can do the following: use income execution (IEX) by deducting the payments from the supporting parent’s wages; intercept unemployment insurance benefits (UIB), if there are any; intercept any tax refunds that are due to the supporting parent; inform credit bureaus of the delinquency to negatively impact the person’s credit rating and hinder the chance to receive loans; intercept lottery winnings; seize property; suspend a driver’s license; deny a passport renewal; place a lien on real estate or personal injury claims; and inform the New York State Department of Taxation and Finance so remedies can be initiated.
Children need to be cared for, especially when the parents have divorced. If one parent is not living up to his or her financial obligations and fails to make the required child support payments to the other parent, it can spark a multitude of problems. Although it is preferable for it not to get to that point, when it does, it is crucial to understand family law and divorce laws pertaining to child support.
