New York Child Support Enforcement

Collection of Child Support

Nonpayment of child support is commonplace. Three various measures have been enacted by statue to facilitate the collection of child support.

By Garnishee

One of the most common methods of collecting child support is to garnishee the salary of the nonpaying parent, which can include current payments and an additional payment representing arrears. This technique is very effective where the paying parent is an employee who is “on the books” and whose employer will honor the garnishee and not attempt to frustrate the collection of money.

However, where the nonpaying parent is being paid in cash, or partially in cash or the nonpaying parent owns the business, the effectiveness of a garnishee is greatly reduced.

By Judgment

Another means of attempting to collect child support is by securing a judgment (representing accrued unpaid child support) against a nonpaying spouse. This judgment constitutes a lien against that person’s interest in real property, be it marital or separate, and once entered in the County Clerk’s records, would collect interest. In addition the entry of a money judgment for child support would adversely affect that person’s credit. Once the judgement is entered in the County Clerk's office, a lawyer can issue legal instruments to the non-paying person's bank and "tie up" or restrain money on deposit.

By a Tax Refund Intercept

In addition, once a child support award has been reduced to a judgment, there is the referral of the nonpayment of child support to the government, and if the nonpaying spouse is entitled to a tax refund, there may very well be an intercept of the tax refund in order to satisfy in whole or in part the outstanding child support arrears. An intercept is effective even if the nonpaying spouse has remarried and filed a joint return with the new spouse.

By Contempt

The remedy of contempt, that is, the jailing of the nonpaying spouse, may be the only remedy that would effectively compel the payment of money. However to secure contempt, the party seeking to enforce the child support award needs to petition the court and the court must hold a hearing. Such a procedure is costly and time consuming.

By License Suspension

A driver’s license or a professional license may be suspended as a result of non-payment of child support. An application to the Court is required to achieve this.