Experienced Rochester Divorce Lawyer Explains Child Support Enforcement In New York
This easy-to-read post helps you understand the basics of child support and how to protect your interest and your children through child support enforcement. Get in touch with dedicated Rochester child support attorney Michelle Cimino today.
The Importance of Child Support
Over twenty-five million children in the United States grow up without both their parents. These figures are disturbing, especially when you consider the burden on the children’s mental, emotional, and physical well-being. Children need both parents to increase their chances of growing to responsible adulthood.
Some particular events and factors prevent both parents from living with their children. It could be that both parents are now divorced, single, or were never even married. While it would be unfair to force two people to live together because they have a child, it is certainly not out of place to ensure that both parents remain involved in taking care of them.
This is where Child Support comes in. In child and parent separation, Child Support offices in the United States ensure that the child gets enough love and financial support to live a good life.
Why is Child Maintenance Enforcement necessary?
On the surface, it would seem like a pretty easy thing to do for parents to agree on how to share their child support obligations. Unfortunately, things are not that simple. Parents may disagree on how much child support should be, the mode of collection, and how to enforce child support. Consequently, federal offices, district attorneys, courts of law, and private lawyers get thrown into the mix, all working together to ensure that child support is adequate.
What is Child Support Implementation?
The crux of this article, amongst all the processes of child support, is Child Support Implementation. Child Maintenance Enforcement is a sum of all processes and procedures taken administratively and legally to ensure that a non-custodial parent meets his/her child support obligations.
In many cases in the United States, non-custodial parents often try to evade child support responsibilities. When child support default cases occur, custodial parents have a wide range of options to enforce child support either administratively (child support offices and programs) or judicially (courts of law).
Child Maintenance Implementation Options
Here’s a list of child enforcement options;
Immediate Income Withholding
Immediate income withholding functions like regular payroll deductions. Where the non-custodial parent has a stable job, immediate income withholding is the best way to enforce the child support order.
All child support orders must include immediate income withholding as mandated by Congress. Income can be withheld from wages, commissions, and bonuses, retirement benefits, or pension. This is also referred to as Income Execution (IEX).
Unemployment Insurance Benefits
Where a non-custodial parent is receiving unemployment insurance benefits from the relevant body (like the New York State Department of Labor), such benefits can be intercepted and diverted towards child support payment.
Intercepting Tax Refunds
A person may enforce child support orders by intercepting tax refunds and any other amount owed to the non-custodial parent by the government.
A lien is a legal instrument for ‘motivating’ a debtor to pay an amount owed. Under a lien, the creditor retains the right to possession until the debt is settled. Where it concerns child support enforcement, it works in the same way. Courts of law can impose a lien on the property of a non-custodial parent who defaults in child support payment.
It is crucial to note that a lien does not result in immediate payment of child support. It only prevents the defaulting non-custodial parent from transferring or selling the property. Lien is imposed to force the defaulting party to comply with the child support order.
Passport denial is another effective method to enforce child support. States can take advantage of the Passport Denial Program to deny parents who default in child support reaching $2,500 and above. The Office of the Child Support Enforcement will send the relevant state department the necessary information to prevent the defaulter from renewing or being issued a U.S. Passport.
Credit bureau reporting
Child Support Offices can send names of the defaulting party in child support to credit reporting agencies. The effect is a reduced credit score, which makes it difficult to obtain loans. A lawyer’s services remain vital in getting the Child Support Offices to take the necessary enforcement options.
Criminal Prosecution is usually a last resort approach taken by courts to enforce child support. The courts are reluctant to use this approach because a jailed parent is even less likely to fulfil child support obligations. However, if every other option is futile, the court may well decide to jail, such parent. The court can also Suspend the driver’s license of a defaulting parent. Also, Winnings from the lottery can be intercepted for child support enforcement.
Other Relevant Information
- It is crucial to establish a child support order. Child support order determines the amount of the obligation and how it should be paid. A child support order can be established either administratively or judicially. The child support order will naturally take into consideration each parent’s financial standing, vis-a-vis the child’s needs. Whether the child support order is decided administratively or judicially, custodial and non-custodial parents would benefit from showing up prepared.
- The earnings of the non-custodial parent are usually given more consideration. The presumption here is that the custodial parent provides care, food, clothing, and shelter. Therefore, the only income to be considered for a child support order would be that of the parent not in the child’s custody – the non-custodial parent.
- An attorney’s role is to help either of the parents or both of them work together with the child support office so they can get the best results for all parties involved.
Child Support Enforcement is crucial to giving every child who is in the custody of one parent a great shot at success. But there are other interests and factors to be considered when establishing a child support order.
If you’re a custodial or non-custodial parent looking to make the best Child Support Enforcement Arrangements in Rochester, NY, or anywhere in the world, we’ve got you. Our dedicated Rochester family law attorney has helped countless families over time, and we know how best to take care of your needs while still determining what is in the best interest your child (ren).
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