How Are New York Child Support Cases Enforced?
My name is Paul W. Matthews. I am an experienced Staten island child support lawyer.
A judge rendering a decision on a child support enforcement case often requires an intricate understanding of complex factors such as custody arrangements and alimony, which necessitate careful judicial consideration. Family law issues, particularly those involving child custody, are especially sensitive and demand comprehensive legal experience to ensure the best outcomes.
In New York, child support orders can be enforced either by administrative action or by court action. These methods are not exclusive, and in fact, it is common for the local child support enforcement agency to seize income tax refunds, suspend driver’s licenses, and take other action even while a child support action is pending in court. This enforcement operates under the legal framework that balances the rights and needs of both custodial and non-custodial parents to ensure fair support for the child. When significant changes occur in a parent’s financial situation or other circumstances, a modification of the support order may be necessary to reflect these new conditions. Legal questions may arise in these situations, and guidance from legal professionals can serve the needs of the involved clients effectively.
If you are a subject child under 21 who is no longer living with a parent, you may, in some circumstances, be able to file your own child support enforcement case. These cases might evolve into broader family law issues, as they sometimes intersect with child custody matters that require thorough legal expertise.
Administrative Enforcement Of Support Orders
Table of Contents show 1 Administrative Enforcement Of Support Orders 2 Enforcement Of Child Support By The Court 3 How The Family Court Handles Enforcement Cases 3.1 Confirmation Hearings Before A Judge
A custodial parent who obtains a child support order has the absolute right to have payments made through the Support Collection Unit. The Unit, which is part of the Office of Child Support Enforcement, will keep track of payments, and if the non-custodial parent falls behind, the Support Collection Unit can take various actions on its own to collect outstanding child support payments without going to court. The SCU has some very powerful options available, including garnishing wages, seizing assets, and suspending driver’s licenses or other medical licenses. The Office of The Corporation Counsel can assist the SCU on certain cases, and file enforcement cases which can result in jail time. More details are listed below:
- Adding up to 50% to the order if the non-custodial parent has accumulated arrears .
- If the non-custodial parent is in arrears in the amount of $500 or more, the Unit can intercept his tax refund.
- If the non-custodial parent owes arrears in amount of $600, the Unit can intercept lottery winnings.
- If the non-custodial parent owes at least $300 and the amount past due is two months’ child support or more, the Unit may seize money in bank accounts, or other assets. However, if the payor is having child support deducted from his check, he must have more than $3000 in the bank.
- If the non-custodial parent owes at least $500, and the amount owed is at least 4 months of child support, the matter can be referred to the New York State Department of Taxation and Finance for identification and seizure of assets.
- If the payor owes at least $2500 , the State Department can deny him a new passport or having his current passport renewed.
- If the payor owes at least 4 months worth of child support, the Unit may deny the payor a business or professional license, the renewal of same, or can place limitations on the use of the license.
- The Unit can also garnish unemployment insurance benefits.
Enforcement Of Child Support By The Court
A lawyer arguing an enforcement case in appellate court frequently deals with intricate issues arising from custody arrangements or alimony disputes. Their experience is crucial in navigating the complexities of family law to meet their clients’ needs.
This article is intended to provide general information about how child support orders are enforced in New York. It is not intended to be legal advice. If you need legal advice or are looking to hire a child support enforcement lawyer, you have the obligation to seek a qualified professional. It is often wise to have a consultation with an attorney to discuss modifications and your particular circumstances and needs regarding child support enforcement.
The child’s parent or legal custodian can also file a violation petition in court. The great majority of violation cases are heard in the Family Court. In some situations, the violation cases can be filed in the Supreme Court.
In general, most Supreme Court Judges are reluctant to order incarceration for child support violations, unless the payor (and the courts) have first exhausted all other possible remedies, including attachment of assets, such as cars, bank accounts, stock brokerage accounts, homes, and also attempted to get wage assignments if the payor has a job. The Family Court, on the other hand, is not shy about incarcerating parents who refuse to fulfill their obligations, including any changes brought by a modification to pay child support. It is the obligation of the courts to enforce these orders diligently to uphold the child’s right to financial support.
Many petitioners in Family Court represent themselves. However, it is always better to hire an experienced child support lawyer, because although the law in many respects favors custodial parents, there are some very technical rules about violation of child support proceedings, which require the payor to prove contempt of court. These proceedings can often involve complex questions of law that necessitate a knowledgeable approach to ensure a fair hearing and decision.Additionally, complexities involving modifications, custody, or alimony changes further complicate these proceedings. Therefore, a consultation with knowledgeable attorneys can be invaluable in understanding these complex requirements, such as establishing paternity, and ensuring your legal needs are effectively met. Lawyers, particularly a child support attorney, can provide essential guidance throughout these processes. Violation petitions can also be filed by the New York Office of Child Support Enforcement and, if the payor is on probation for failure to pay child support, by the Department of Probation. These petitions can include issues related to visitation rights if they are part of the child support agreement, ensuring full representation of the child’s best interests. Having a reliable phone line of communication between the involved parties, including the ex-spouse and their respective lawyers, is crucial during this process to achieve fair resolutions through mediation or other dispute resolution methods, especially in the event of a divorce.
A custodial parent or other person who has a child support order which is not being obeyed can file a violation or petition to have a prior support order enforced in the Family Court. In situations where paternity is questioned, legal assistance, including consultation with a child support attorney, can help address these concerns. Child support violation cases are heard by support magistrates. At the first appearance, the petitioner will be asked if he or she is seeking incarceration, and if the answer is in the affirmative, the payor or respondent, as he is referred to in family court, will be assigned a free attorney for effective legal representation. Clear communication about the legal rights and responsibilities can foster a smoother resolution process through mediation, leading to a more favorable outcome for all involved.
Violations can also be filed when the respondent fails to pay court-ordered payments for his share of child care expenses or court-ordered payments of health insurance premiums or his share of unreimbursed health care expenses of the child or children. Such petitions may also consider how these financial responsibilities impact visitation agreements, potentially modifying existing arrangements to reflect the current situation. Particularly in cases involving an ex-spouse, open lines of phone communication can aid in negotiating amicable modifications through divorce proceedings or mediation.
How The Family Court Handles Enforcement Cases
Many violation cases are resolved by the respondent making a good faith lump sum payment against unpaid arrears or back child support. If during this time paternity of the child is being disputed, it can further complicate the proceedings, but resolution is still possible. Where the respondent has genuine difficulties finding a job, but he finds a job while the violation case is still in court, the petitioner may be satisfied once a wage garnishment order begins and payments start to come in. Prompt resolution of financial obligations can sometimes lead to re-evaluation of visitation rights, ensuring both parents maintain a meaningful relationship with their children. Continued communication between the parties, including the ex-spouse, remains essential to ensure the best outcomes for everyone involved, potentially through mediation with the aid of their attorneys.
If the respondent is employed, the court can make an income execution order, where his employer is required to remit a portion of his wages. This often requires the court to consider issues like paternity to ensure the order is fair and just. It’s vital that communication channels remain open between the respondent and his ex-spouse to avoid misunderstandings and facilitate adherence to court orders as they navigate divorce proceedings or mediation sessions with the guidance of their lawyers.
If the respondent is unemployed and claims that he is having difficulty finding a job, he may qualify for a free program to assist him in finding employment. Although these programs do not have a great success rate, the payor’s cooperation, especially in cases involving disputed paternity or during divorce, may help him defend a child support enforcement case and potentially favorably adjust any visitation arrangements with the child through mediation. Maintaining communication with the ex-spouse during this period can support transparency and trust, with the assistance of child support attorneys who are well-versed in navigating these complex legal waters.Being an effective advocate for one’s own interests during these times is crucial, as it can sometimes lead to an amicable settlement of issues. This is particularly important in matters involving a child support obligation, which can significantly impact all parties involved.
Many cases have to be tried. Under the case of Powers v Powers, once the petitioner shows a failure to pay child support, the burden of proof shifts to the respondent to prove to the court that he was unable to make payments, not that he was unwilling to make payments. This often leads to a dispute that requires resolution, and in most cases, this is a difficult burden for the respondent to meet, requiring strong legal representation from child support attorneys. Meaningful communication with the ex-spouse can sometimes preemptively resolve issues and mitigate conflict, preventing the need for prolonged legal disputes.
After a trial (which is called a “hearing” in Family Court), the support magistrate is required to make written findings as to whether or not the failure to pay was willful, and if so, what remedies the magistrate recommends. Possible remedies include the following: Adjustments to visitation terms may also be considered, reflecting the respondent’s commitment to satisfying his obligations. It is important that continuous communication with the ex-spouse is maintained to ensure that the revised terms and obligations are clearly understood and agreed upon, avoiding further disputes, thus conserving legal resources.
As part of the services that I offer, I have handled over a hundred NYC child support petitions and have represented both petitioners and respondents. I accept new cases in Manhattan, Brooklyn, and Staten Island, ensuring thorough representation in all proceedings. For cases that require legal intervention, engaging with the child support division can be essential, as it often involves complexities that may ultimately require a court order to address. Child support attorneys play a crucial role in navigating these complexities and securing the best possible outcomes for their clients. It is important for any advocate in these situations to understand the intricacies involved to effectively represent their client’s interests.
If the magistrate holds a willfulness hearing and finds willfulness, he is required to refer the case, along with his written findings and recommendations, if any, to a family court judge. Only a judge can order incarceration, often based on a specific court order. Before the pandemic, this was typically done the same day, as there have been situations where the respondent disappears when he suspects jail is imminent. The judge will usually confirm the findings of willfulness unless he is persuaded by arguments, which may include aspects of visitation, made to him, emphasizing the importance of effective advocacy and clear communication.
- The court can order a money judgment for the amount owed. Money judgments are good for 20 years and earn interest at 9% per annum.
- The court can place the respondent on probation.
- The court can order the respondent to join and cooperate with the STEP work program, a free program which assists people in finding jobs. However, this may only be available to respondents who reside in New York state.
- The court can order incarceration of up to 6 months.
- The court can order incarceration on weekends only. In all cases where incarceration is ordered, the judge is required to set a “purge” amount, which means the respondent can bail himself out by making a lump sum payment in that amount.
- If the respondent’s failure to pay is due to chronic alcohol or drug abuse, the court can mandate a residential treatment program as an alternative to incarceration.
- The court can order a referral to the District Attorney or to the US Attorney’s office for criminal prosecution, as willful failure to pay child support is a federal crime. However, these referrals are extremely rare.
In some situations, judges have been persuaded to conduct de novo hearings on the issue of willfulness. If the judge orders incarceration, he is required to set a purge amount. The respondent may sometimes be allowed to call witnesses or submit evidence to convince the judge not to lock him up, or to convince the judge to set a low or reasonable purge amount. It is crucial for the respondent to demonstrate compliance with existing orders and possibly seek assistance from legal counsel or the child support division to strengthen their case and resolve the dispute.
Confirmation Hearings Before A Judge
Sometimes, after confirming willfulness, the court will adjourn the case and give the respondent additional time to pay. In this situation, the respondent is usually given a specific amount he is required to pay to avoid jail, as dictated by a court order. An advocate experienced in handling such situations can provide valuable guidance to navigate these challenges, utilizing available resources effectively.
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About Paul W. Matthews, Esq.
Paul W. Matthews is an experienced Staten Island family law attorney with more than 25 years of trial experience in New York Family Courts. He has handled hundreds of cases involving child custody, visitation, paternity, child support, and Family Court orders of protection.
He represents clients throughout Staten Island from his office near Grasmere and also maintains a Manhattan office at 90 Broad Street in the Financial District for parents with matters in Manhattan or Brooklyn Family Court.
Paul personally answers his own phone and provides direct, individualized representation in every case. His practice emphasizes clear communication, practical strategy, and strong advocacy in custody, visitation, support, and parentage cases in the Staten Island Family Court at 18 Richmond Terrace.
Call Paul directly: (347) 461-0760