Long Island Child Support Lawyer

Enforcement of Child Support in New York

Court ordered child support obligations are mandatory. However, enforcing this is necessary in order for you and your child or children to actually experience the benefits that child support has to offer. At Friedman & Friedman PLLC, Attorneys at Law, our Long Island child support attorneys can help you if you are interested in finding out what you can do to enforce the payment of child support, or if you need protection against an ex-spouse bringing allegations against you that you are not paying child support. You need to find a way past your problem and reach a resolution that will benefit you both now and in the long run.

New York courts are harsh on those who do not pay child support. Should the condition go on long enough and be carried out willfully and intentionally, jail is a realistic threat for the person who has been negligent in paying support. The same applies for maintenance as well.

To enforce child support payment, the party seeking enforcement of child support can file a “violation petition” which asks the court to take action against the person failing to pay support. The petition is served upon the person failing to pay support, and a hearing is then held to decide whether the court order regarding child support payment was violated. If it is determined that the order was violated, the magistrate may take steps to enforce the order. Actions the magistrate may take are listed below, in order of least severe to most severe:

• Taking payments directly from the person’s paycheck, ordering the payment of a lump sum of back payments, or other means of collecting payment.
• Driver’s license suspension, suspension of professional licenses, tax refunds intercepted, passport revoked, and bank accounts seized.
• Being held in contempt of court and jailed for up to 6 months (only in cases where it was found that the person willfully and voluntarily failed to pay child support).

Child Support Attorney in Long Island, New York

Do not hesitate in taking legal action if you are having trouble collecting child support payments that you are owed. Your child’s wellbeing depends upon these payments. Our attorneys have the experience and dedication to help you with child support enforcement so your ex-spouse actually pays what he or she has been ordered by the court to pay.