An issue that often comes up during divorce or after divorce is child support and how it is enforced. Parents who are seeking to enforce child support, and paying parents, should be familiar with how child support is enforced in New York.
There are several methods of enforcing child support. Child support enforcement methods can include:
- Income execution – income execution is similar to wage garnishment. The amount of currently due or overdue child support will be deducted from the paying parent’s wages or other income by their employer or other income payor.
- Unemployment benefits intercept – if a paying parent is receiving unemployment insurance, currently due or past due child support will be deducted from the amount of their unemployment benefit.
- State or federal tax refund intercept – the paying parent’s state or federal tax refund may be intercepted to pay any overdue child support that is owing. Other tax collection methods may apply.
- Lottery intercept – any lottery winnings of the paying parent may be intercepted to pay child support that is due or overdue child support.
- Credit bureau submission – overdue child support may be submitted to major consumer credit reporting agencies. This can negatively impact the paying parent’s credit and ability to obtain credit.
- Property execution – bank accounts and other financial assets may be intercepted to pay overdue child support.
- Liens – a lien may be placed on the paying parent’s property such as real estate or any personal injury award for unpaid child support.
- Driver’s license suspension – delinquent child support may result in driver’s license suspension for the paying parent.
- Passport denial – paying parents who have overdue child support may be unable to renew or obtain a passport.
Both paying and receiving parents should be aware
There are a variety of methods for collecting overdue child support and medical coverage, Both paying parents and parents receiving child support should be familiar with what the enforcement measures are. If a paying parent falls behind on child support payments, they should seek to modify their child support order as soon as they can, before they fall even further behind.
