In New York, both parents are responsible for financially supporting their children. When the parents split up, usually one parent is ordered to pay child support.
But what happens if they miss a payment? What if they miss several? What if they stop paying altogether?
Child support arrearages hurt the parent who is paying for everything, but most of all, it hurts the child.
Here’s how child support arrearage collections are handled in New York.
How is Child Support Collected in New York?
In New York, the law places the responsibility for the support of a child on both parents. It doesn’t matter if they are married or not, they are legally required to maintain equal responsibility for the support of their child. That responsibility begins at birth until the child is 21 years old.
The non-custodial parent is the one who is responsible for paying child support. That person must be the legally named parent either through marriage or established paternity. That person is required to pay child support as the court orders. This means they must pay a certain amount on a certain date each month.
When that parent does not pay their court-ordered child support, a New York child support enforcement agency may step in to collect the arrearages and make sure that the future child support payments are paid in full and on time.
The support enforcement agency does not require that the court be involved in the collection efforts. Typically, the collection approaches are administrative, but, if necessary, the court can be petitioned for enforcement of the order.
Enforcement can be accomplished in several ways:
- Administrative Enforcement
- Wage withholding or wage garnishment
- Offset of income tax refund
- Offset of lottery winnings
- Suspension of driving privileges
- Seizure of property (liquid assets)
- Liens
- Referral to the Tax Department (typically for individuals who own a business or are self-employed)
- Report arrearages to the credit bureaus
- Court Enforcement
- Suspension of Professional Licenses
- Suspension of recreational licenses
- Denial of passport
- Payer is required to post an undertaking (advance payment for future child support payments to be drawn from)
- Pay the other party’s legal fees if it is found that the payer is or has willfully violated the child support order
- Jail for a maximum of 6 months
- Probation
The individual’s driver’s license may also be suspended, and they could be denied public assistance benefits.
How Do Child Support Enforcement Programs Work in New York?
A parent who is not receiving the court-ordered child support for their child can begin the collection process in one of two ways:
- Complete an application with OCSS to receive services, or
- Get a referral from Cash Assistance
OCSS Support Collection Unit will collect the payments made by the non-custodial parent who will have to make their payments directly to that office. Typically, though, the payments are made through payroll deduction and sent to the office which then sends the payments to the custodial parent by either direct deposit into their bank account or through the New York State Debit MasterCard program. Checks are rarely sent but may be allowed in certain hardship cases.
If the custodial parent has a current child support order that names them as the one who receives the payments, OCSS cannot collect child support arrearages. The parent can request a Change of Payee so that the payments go through the Support Collection Unit instead. This can be done in the New York Family Court or Supreme Court with no court appearance or hearing.
Is There a Statute of Limitations on Collecting Back Child Support in New York?
The statute of limitations for child support in New York is 20 years. This begins at the date of default and the parent who owes the arrearages is required to make those child support payments for 20 years from that time if they still have outstanding child support payments that they owe when the child turns 21.
The support payments do not just stop when the child comes of age. If there are arrearages, the parent who owes those arrearages is still responsible for making those payments.
How Do You Initiate Child Support Enforcement in New York?
When a person completes an application with OCSS for collection services or they are referred from Cash Assistance, their case for child support collections begins.
The agency may need some information from the custodial parent regarding the non-custodial parent who owes the money. They may need to provide information regarding:
- Last known address
- Last known place of employment
- Contact information for friends and family
- School information
They may need various types of information to help them locate the parent so that they can collect the debt that they owe.
How Much Interest Is Charged for Child Support Arrears in New York?
New York charges 9% interest per year for arrearages on child support. There are only three states that charge this rate, which is the third highest in the U.S., and New York is one of them.
New York has a fixed rate for arrearages each year. The amount is left to the discretion of the judge who calculates what the person owes and assigns a certain dollar amount to it. In some cases, the overall amount owed may be reduced.
What Sources of Income Can Be Redirected to Pay Child Support Arrears in New York?
There are several sources of income that can be used, garnished, seized, or redirected to pay outstanding child support arrearages that are owed:
- Salary or wages from a job
- Income tax refund
- Lottery winnings
- Unemployment benefits
- Pension
- Military allowance
- Worker’s compensation benefits
- Disability benefits
- Social Security benefits
Cash assistance and SSI benefits are protected, and child support payments cannot be taken from these sources of income.
What Can the Court Do to Prosecute Someone for Non-Payment of Child Support?
Serious delinquencies in child support payments can result in jail time or probation. The court may also require the non-custodial parent who owes the support to pay the other party’s legal fees if the court discovers that the nonpayment was willful and intentional.
What Happens If a Non-Custodial Parent Owes Back Child Support But Can’t Be Found?
If the non-custodial parent cannot be found, the OCSS has several avenues through which it can search for the parent. This includes tax records, law enforcement, DMV, and more.
What is a Wage Assignment?
A wage assignment is an agreement between the creditor (OCSS) and the employee (an individual who owes back child support) that allows a certain amount to be withheld from the employee’s check each payday to pay the debt that they owe. It is different than a wage garnishment because a wage assignment is voluntary, and a garnishment is usually ordered through the court and the employee is not given the opportunity to agree to it. It is placed on them by the courts.
What is a Writ of Execution?
A Writ of Execution is a court order that allows the court to seize the assets of the parent who is failing to pay their child support. This can include bank accounts, real property, a car that has been paid off, stocks, or other property.
While this can be an effective way to get the child support that is owed, it does typically require the finesse and know-how of an experienced attorney.
If you are owed child support or if you owe child support and cannot pay, you need a knowledgeable, experienced family law attorney to help you.
You need The Litvak Law Firm. Call us today at 718-989-2908 and get the help that you need. Let us help you do what you need to take care of your child. We’re here for you.