Many people pay their child support on time each month without any problem. But what happens when that parent loses their job or is unable to work due to illness or injury? The payment obligation does not stop just because you can’t pay.
This means that the debt piles up as the child support payments keep coming and soon you are in child support arrears.
That’s when you need an attorney.
What is a Child Support Arrear?
A child support arrear is a debt that is created from failure to make child support payments as scheduled. If the parent who is ordered by the court to pay child support fails to do so even one time they are in arrears. The total amount that the parent owes in child support is child support arrears.
There are penalties for failure to pay child support in New York. It is best to make regular, on-time payments and if there is a problem, make arrangements so that you don’t fall too far behind.
Why Would a Parent Stop Paying Child Support?
The law is clear that parents are legally required to financially support their children – even if one parent no longer lives in the family home or the parents are not together. This means that the parent who is no longer living in the home is typically required to pay child support.
A good deal of the time parents do make regular, on-time child support payments. There are a few who defy the court orders and they often face legal troubles and penalties, but most of the people who fall behind on their child support do have a reason.
- They lost their job or are unemployed.
- Their earnings decreased either due to cut hours or a new job that pays less.
- They have a serious medical condition that prevents them from working or had a medical emergency and their finances took an unexpected hit.
- The interest on their arrears prevents them from being able to pay enough to catch up.
- They are incarcerated.
Can Child Support Arrears Be Dismissed in New York?
In very rare cases child support arrears can be dismissed, but it is very difficult because of the importance that the court places on both parents financially supporting their child.
More often, the non-custodial parent negotiates for a modification of child support and submits that new agreement to the court.
In some cases, your ex may be willing to agree to a settlement for the arrears, especially if you can pay a percentage of the arrears in a lump sum.
If your child lived with you at least 40% of the time and you can prove it, you may be able to get a reduction in child support or have the arrears wholly or partially waived.
How Do You Modify Child Support in New York?
Complete a Support Petition for Modification and file it with the Family Court where your original order for child support was issued. You will need to appear at the hearing and show why you can’t pay the child support that you are currently required to pay. Documents that can help your case include:
- Recent pay stubs or unemployment check stubs
- Financial affidavit (signed and notarized)
- Current tax returns
- W-2s
- Proof that the child now lives with you – custody papers or other documents
What is the Statute of Limitations for Child Support Arrears in New York?
The statute of limitation for child support arrears in New York is 20 years. This means that even after the child turns 21 the non-custodial parent could still be required to repay the arrears.
What Happens When Child Support Arrears Are Paid in Full in New York?
Once your child support arrears have been paid in full, penalties that were imposed on you such as a denial of your passport or loss of your driver’s license will be restored. You may have to show proof that you caught up on the arrears to be reinstated.
What are the Penalties and Consequences for Failing to Make Child Support Payments in New York?
Failing to pay child support carries legal penalties, but there are consequences that can also impact your life.
- Jail or prison time
- Loss of driver’s license
- Denial of passport
- Freeze of financial assets
- Loss of professional license
- Loss of lottery prize
- Liens
- Interest accrued
- Garnishment of wages
- Tax returns seized
- Lower credit report score
How Much Back Child Support is a Felony in New York?
Under New York law, non-support of a child in the first degree is a Class E felony. This can mean that the parent who is required to pay support but refuses to or fails to do so and has been convicted of non-support of a child in the second degree within the past five years is guilty of the crime and could be facing the associated penalties which can include:
- Minimum 1 year to maximum 4 years in jail
- 5 years’ probation
- Loss of the right to own a firearm
- Loss of the right to vote while on parole or incarcerated
- Inability to claim welfare
Does New York Charge Interest on Child Support Arrears?
New York does charge interest on back child support at a rate of 9% per year. The amount for arrears charged each year is fixed in New York, but a judge can set a certain amount that the person owes which can be lower than the overall amount owed.
Can You Sue for Back Child Support After the Child Turns 18 in New York?
If an adult child (over 18 years old) has a parent who has child support arrears, he or she may be able to sue that parent for the child support that they owe if they are a representative or executor of the custodial parent’s estate.
Child support arrears are assigned or unassigned:
- Assigned – Payments are made to the state because the state compensated for child support payments that are missing such as the custodial parent receiving public assistance due to lack of support payments. The state is then paid back before the custodial parent receives any of the child support arrears payments.
- Unassigned – Payments are made to the custodial parent because they covered the missing payments out of their own pocket. A parent can sue the non-custodial parent for back child support – or the adult child who represents the estate of the custodial parent can file the lawsuit.
What is the Arrears Credit Program?
The Arrears Credit Program allows non-custodial parents who owe back child support to help them repay their debt. To qualify the parent must:
- Be a non-custodial parent who owes back child support
- Has less than $3,000 in the bank
- Has less than $5,000 in property
Once qualified, the parent can remain in the program for up to 3 years. They will be eligible to receive credit for up to $15,000 on child support debt for each case.
An Experienced Family Law Attorney Can Help You Get Your Child Support Arrears Under Control Again.
Do you have child support arrears that you need to pay? Do you need a child support modification to be able to meet your monthly obligation?
The Litvak Law Firm can help you get your child support obligation modified so that it is more affordable. We can also help you create a repayment plan that will help you get out of debt.
Call 718-989-2908 today and talk to one of our experienced, talented attorneys and find out how we can help you.