After child custody is granted to one ex-spouse in a divorce settlement, the other individual is likely responsible for covering some costs of caring for the child. Unfortunately, not everyone abides by this requirement. In fact, recent government estimates suggest that only 44% of custodial parents receive the full amount of child support from an ex-spouse. While non-payment can create serious financial obstacles, legal actions are available to remedy the situation. Here are a few important details to know about child support non-payment in New York State.

Guide to Child Support Payment Issues in New York State

Who Monitors Child Support Payment Issues?

New York State processes all child support activity through the Support Collection Unit (SCU). If a parent without child custody fails to make court-ordered payments, they can take automatic action through the Child Support Enforcement (CSE) program. Under this program, the SCU may be able to deduct income directly from a non-custodial parent’s paycheck, collect tax refunds, or seize assets to cover the amount owed. These actions may be taken without the court’s involvement. However, if there is still a failure to pay, court action may be necessary.

What Should I Do If My Ex-Spouse Isn’t Paying Child Support?

If the above-listed methods do not cover missed child support payments, contact a family law attorney. Your attorney will work with the SCU to request a court hearing. During the hearing, the non-compliant parent will have an opportunity to explain the reasons behind their failure to pay.

In general, these court hearings are designed to determine the best way to get the non-compliant parent to cover support charges. For example, money judgments may be issued, or the non-compliant parent may be entered into a work program to raise missing income. In more severe cases, the non-custodial parent may lose professional licenses, be placed under probation, or be sentenced to jail until proper payment arrangements are made.

How Can Parents Legally Avoid Child Support?

In general, those without child custody must pay support until the child is 21 years of age. However, if the child turns 18 obtains a full-time job, gets married, or joins the military, they will be considered “emancipated.”  In these cases, you can petition to terminate support orders.

Payment amounts can also be modified through a petition. For example, the courts may sometimes allow for reductions if you encounter financial hardship, such as a job loss.

Focusing on family and divorce law in Rockland, Westchester & Orange Counties for more than 25 years, Brown, Burgoon, & Hartnagel, P.C. can help you navigate the complexities of child custody and support orders. Whether you’re seeking payment from a non-compliant ex-spouse or want to modify your payments as a non-custodial parent, these attorneys will examine all aspects of your case to prepare a strong and viable argument. Visit this firm online to learn more about their practice areas or call the Bardonia, NY office at (845) 624-1966 to request a consultation.