Child support is essential to ensure that children receive the financial support they need for their growth and development. In New York, when a parent does not pay child support, it can have serious consequences. In this blog post, we will discuss what happens when a parent doesn’t pay child support in New York.
What is child support?
Child support is a court-ordered payment made by one parent to the other for the financial support of their children. The payment is intended to cover expenses like food, clothing, shelter, and medical care. Child support is typically calculated based on the income of the non-custodial parent and the number of children that need support.
What happens when a parent doesn’t pay child support?
In New York, failure to pay child support can result in a range of legal consequences. Some of the most common include:
Suspension of driver’s license and professional licenses
If a parent fails to pay child support, their driver’s license can be suspended, and they may also face suspension of their professional licenses, such as those for law or medicine.
Interception of tax refunds
The government can intercept the non-paying parent’s tax refunds and apply the amount owed to child support.
Wage garnishment
The court can order the non-paying parent’s employer to withhold a portion of their wages to cover child support payments.
Contempt of court charges
If a parent repeatedly fails to pay child support, they may be charged with contempt of court. This can result in fines or even imprisonment.
Seizure of assets
If the non-paying parent has assets, such as a bank account, the court can order them to be seized to cover the amount owed in child support.
Liens and judgments
The court can place a lien on the non-paying parent’s property, such as a home, or obtain a judgment against them. This can affect their ability to borrow money or sell their property in the future.
Child support is a critical aspect of ensuring that children receive the financial support they need. In New York, failure to pay child support can have serious legal consequences. The state has strict laws in place to protect the rights of children and ensure that they receive the support they deserve. If you are a parent who is not receiving child support, it is important to take action to enforce the court order and hold the non-paying parent accountable.
If you are a parent who is struggling to make child support payments, it is important to seek legal assistance as soon as possible. It may be possible to modify the child support order based on changes in your financial circumstances, such as a job loss or a significant decrease in income.
It is important to address child support issues promptly and take them seriously. Failure to pay child support can not only have legal consequences but can also harm the well-being of children who depend on these payments for their basic needs. If you have any questions or concerns about child support in New York, it is recommended to speak with a qualified family law attorney who can provide guidance and representation.
It’s worth noting that in New York, child support payments are typically enforced through the state’s child support enforcement agency. This agency is responsible for collecting and distributing child support payments, as well as enforcing court orders when necessary. If a parent fails to pay child support, the agency can take various measures to enforce payment, including those listed above.
It’s also important to note that both parents have a legal obligation to financially support their children, regardless of their marital or living situation. This means that even if a parent does not have custody of the child, they may still be required to pay child support. Additionally, child support orders can be enforced across state lines, which means that a non-paying parent who moves out of state is still responsible for paying child support.
Failure to pay child support in New York can have serious consequences, both legally and for the well-being of the children who depend on these payments. If you are a parent who is experiencing issues related to child support, it is important to seek legal guidance and take action to enforce your rights and obligations under the law.
Michael D. Schmitt, ESQ. is a lawyer based in New York who specializes in family law, including cases related to child support. If you are dealing with a child support case in New York, Michael D. Schmitt, ESQ. can help you in a number of ways.
He can help you understand your legal rights and obligations related to child support in New York. He can provide legal guidance and representation throughout the process, including filing the necessary paperwork and appearing in court on your behalf.
Michael D. Schmitt, ESQ. can also help you negotiate child support agreements with the other parent, including establishing or modifying child support orders. He will work to ensure that your child’s best interests are protected and that you are receiving or paying a fair amount of child support.
He can help you enforce child support orders if the other parent fails to comply with the court-ordered child support agreement. He can assist with collecting overdue child support payments, filing petitions for contempt of court, and pursuing other legal remedies to ensure that you and your child receive the support you are entitled to.
If you are dealing with a child support case in New York, it may be in your best interest to consult with Michael D. Schmitt, ESQ. to discuss your legal options and receive the support you need during this difficult time. He will work diligently to ensure that your child’s best interests are protected and that you receive the child support you are entitled to under New York law.