Raising a child is expensive. Whether you have sole custody or have shared custody of your child, it is essential to ensure you are receiving the financial support you need for the care and upbringing of the child. If your ex-partner is not paying child support, learn what New York State has in place to help begin to get payments and enforce court ordered payments so you get the support you need.
If you are the custodial parent in New York State and the other parent is not paying child support, there are several things you can do to begin the process to receive support and to enforce the payment of court ordered support.
Firstly, depending on your marital status you can begin the process in either Family or Supreme Court. Family court can assist in establishing paternity if necessary and set up a child support order.
If you have a court order and the other parent does not pay, there are mechanisms in place to assist you in intercepting the other parent’s tax refunds and to garnish their wages to collect the child support owed.
Secondly, you can file a contempt of court action against your ex, taking them to court to ask a judge to find them in contempt of court for failing to pay child support. A judge may order them to pay a fine or go to jail and give you a money judgement for past due support.
Thirdly, you can seek to have the non-paying parent’s license revoked, passport revoked and other measures.
Legal action against a non-paying parent can be complicated, and it is crucial to speak with an experienced attorney before taking action.