If the other parent of your child isn’t paying support on time, it’s only natural to feel stressed and uncertain about what follows. Your child is legally entitled to financial support, and the support order gives you options to pursue missed payments. In New York, you have several child support enforcement options to help recover what you are owed. To pursue enforcement, you can work through the Support Collection Unit. When these measures prove ineffective or the parent refuses to pay, court-based enforcement provides a remedy.
During this stressful time, the help of a trusted attorney can demystify the enforcement process. A child support lawyer like Michelle Cimino can help you pursue the best enforcement options based on your unique circumstances.
Child Support Enforcement Actions
After missed payments, there are many enforcement actions you can take to reinstate regular payments. They fall under two main categories: administrative enforcement and court-based enforcement. Administrative actions help you move forward quickly, while court-based intervention brings more serious legal consequences to enforce payments.
Administrative Enforcement
You can initiate administrative enforcement actions by filing with the Support Collection Unit, which handles the collection and enforcement of child support. This is a straightforward way to move the process along and resume payments without going to court. Some enforcement actions you can take through the agency include:
- Income withholding (wage garnishment): The SCU sends an Income Withholding Order to the employer.
- Unemployment benefits interception: If the state learns the other parent is collecting unemployment benefits, a portion of those funds can be intercepted.
- Tax refund interceptions: The state may refer your case to the Department of Taxation and Finance to intercept your ex-partner’s tax refund.
- Liens and bank account seizures: The agency may place liens on property or levy bank accounts to recover funds owed.
It’s important to know that this list is not exhaustive. There are many other enforcement actions you might take based on your ex-partner’s financial situation or assets. Other consequences could include license suspension and passport denial in some cases. That’s why speaking with an experienced child support enforcement lawyer like Michelle Cimino helps you move through the process with confidence.
The idea behind these actions is that they help keep payments coming. But in some cases, administrative enforcement isn’t enough. That’s when it’s time to take enforcement to court.
Court-Based Enforcement
Sometimes, you may need to pursue court-based enforcement, either after or in addition to taking action outside of court. This compels compliance and speeds up accountability.
You can file a petition in family court at no cost. A judge will then determine whether the missed payment was willful or non-willful. If it’s found that your ex-partner deliberately chose not to pay child support, the court can enter a money judgment. The court can enter a judgment for unpaid child support, allowing the arrears to be collected through legal enforcement methods.
The most significant consequence of a willful violation is incarceration for up to 6 months.
Michelle Cimino: Your Child Support Lawyer
If you’re dealing with missed child support payments and you’re ready to take the next step, reach out to an experienced attorney like Michelle Cimino.
As an experienced Rochester family attorney, Michelle wants to help you find clear next steps in your situation. Her goal is to secure reliable child support payments quickly, protecting your children’s well-being and financial stability.
She examines your support order, payment history, and arrears to identify any missed payments. Using this context, she will help determine whether enforcement is the logical next step and how strong your case might be.
You don’t need to struggle with missed child support payments or go through the stress of enforcement actions alone. Michelle Cimino helps take the weight of the child support enforcement process off your shoulders. This means you can focus on what matters most: your children’s well-being.
Learn More About Child Support Enforcement
Navigating child support enforcement can feel overwhelming, but you’re not alone in this process. New York law provides clear enforcement strategies to ensure that children receive the financial support they are legally entitled to. Taking decisive action through administrative or court-based enforcement helps restore stability and protect your child’s future. By understanding your rights and using enforcement strategies, you can move forward with peace of mind that you’ll receive payments on time.
Michelle Cimino supports parents dealing with challenges related to missed child support payments. With a strategic, compassionate approach, she will evaluate your case, explain your options, and advocate on your behalf. Schedule a confidential consultation to learn more about enforcement.
