Like any court order, child support payments are a requirement that must be followed in a fastidious and timely fashion. Missing just one payment can cause the opposing parent to run to court, seeking swift judgment for failing to pay.
Typically, the noncustodial parent is given the burden of child support payments. The amount and extent of these payments are up to the court and can be modified if the circumstances call for it. Child support payments can last for months, years, or until the child is 18 years old. New York has a Division of Child Support Enforcement (DCSE), which offers paternity and child support services.
If one parent refuses to make child support payments or simply stops making them over some time, the other parent can take legal action. Contrary to popular belief, the DCSE does not take your case before the court. Only a private attorney can do this; the parent is expected to hire their family law attorney should the need arise.
What the DCSE can do is help you collect your child support by garnishing the other parent's wages or bank account. While this can be helpful, the court has more power over the enforcement of child support orders. They will review your case and may assign penalties to the delinquent parent.
What penalties can be given to the parent who doesn't pay?
Failing to pay child support is in direct contempt of the court and isn't viewed lightly by judges throughout the state. Often, a parent may suffer wage garnishment, property seizure, loss of tax refunds, and a negative credit report.
The delinquent parent is also often required to pay back the owed child support and, in some cases, is sentenced to jail.
If your former spouse has failed to make child support payments, our Queens child custody attorney would be honored to advocate on your behalf. Contact our firm today to learn more!