After a divorce or separation, one of your biggest concerns is maintaining financial stability for your children. Child support is designed to provide that security, giving primary caregivers the resources they need to provide consistent care. When payments suddenly stop, it’s only natural to feel overwhelmed by uncertainty. A child support lawyer helps you take practical steps to restore that support.
By reviewing your unique circumstances, an attorney will identify enforcement actions that reinstate regular payments without going to court. Some actions are even available after the first missed payment. If enforcement actions aren’t enough, like when your spouse or ex-partner is intentionally refusing to comply, a child support attorney is prepared to take further legal action.
Seasoned family lawyer Michelle Cimino is ready to help enforce child support payments so you can focus on what really matters: taking care of your children.
Missing Support Payments? A Child Support Lawyer Helps
When your spouse or ex-partner fails to meet their obligations for child maintenance payments, a child support attorney helps you understand the next steps, identifying the appropriate state agencies to help you secure arrears (missed child support payments).
The first step an attorney will take is to examine your child support order, payment history, bank statements, and proof of missed amounts.
The lawyer will register with New York’s Child Support Program, which oversees the collection and enforcement of child support. Through this program, you’re able to receive arrears without going to court. In fact, there are many different support enforcement actions you could take depending on how much your partner owes and for how long they have missed payments.
Enforcement Actions
Some enforcement actions are your first line of defense, while others are meant for more severe arrears.
You have the option to apply income execution, also called wage garnishment, immediately after a missed payment. If your ex-partner lost their job, it’s possible to intercept unemployment insurance, although this process is more complicated. After 2 months of arrears totaling more than $50, you might also intercept tax refunds.
When payments aren’t made for months or start to total large amounts, you have the option to take bigger actions to secure what was lost. These include:
- Lien filing against real estate (for more than 4 months of arrears)
- Suspension of business and occupational licenses (for more than 4 months of arrears)
- Passport denial (for past-due amounts of $2500+)
- Freezing assets (for more than 2 months of arrears and $300+ owed)
- Driver’s license suspension (for more than 4 months of arrears)
Your spouse or ex-partner will have the option to challenge the action for 45 days after they receive notice of an enforcement action. But an experienced child support lawyer knows that most challenges fail without strong proof. They’ll help you understand how to push forward to receive payments.
Michelle Cimino would love to apply her experience to take enforcement actions and address challenges to help you regain financial stability for your children.
Enforcement Actions Falling Short? File a Violation Petition
Sometimes, your spouse or ex-partner may not respond to notices such as enforcement actions. But they will respond to a court summons. In this case, it may be best for you to file directly in the Family Court or the Supreme Court. If your spouse owes more than $500 in payments, an attorney might choose to file a Violation Petition in NY Family Court, which costs nothing. As a result, the court could find that your spouse or ex-spouse willfully violated the payments. Ultimately, the spouse may face a money judgment, a payment plan, fines, or up to 6 months in jail.
Do you need help securing consistent child support payments? Call Michelle Cimino. She is a family law attorney with 20+ years of experience helping parents navigate child support challenges, like late and missed payments. She’s ready to enforce orders through actions such as wage garnishments and court petitions.
Book a Confidential Consultation
Struggling with inconsistent child support payments? A lawyer helps you secure payments by using the resources at the New York Child Support Program. They’ll identify the best enforcement actions to take based on how long your ex-spouse has missed payments. When your ex-partner is intentionally refusing to pay, going to court might be the best option. A seasoned attorney will help you file a violation petition, showing that your ex-partner or spouse is willfully violating the agreement. As a result, your ex-partner could face fines and even jail time, in addition to having to make up missed support payments.
Michelle Cimino is a seasoned child support attorney prepared to help you secure the payments you’re entitled to. She will help you take the right steps to enforce payments, so you have the financial support you need to take care of your child. Whether you’re able to avoid court with enforcement actions or need to take it to court, she’s ready to work with you through the process. Book a confidential consultation today.
