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Enforcement of Child Support

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Home > Practice Areas > Enforcement of Child Support

What Is Child Support Enforcement?

In the event your ex-spouse or partner fails to pay his or her court-ordered support obligation or fails to meet any other obligations stated in your Separation Agreement or Court Order, you may need an attorney to protect and exercise your rights to the fullest extent of the law. This may include asking the judge to hold your ex-spouse in contempt of court or seeking an order garnishing his or her wages.

Whatever you need as a father, we will assert your rights to the support and benefits you deserve. If you need help enforcing child support payments in Staten Island, Brooklyn, or the New Jersey counties of Monmouth or Middlesex, contact us to schedule a Legal Strategy Session at your earliest opportunity.

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Steps for Enforcing Child Support

Every state, including New York, operates a child support enforcement program. These federally funded programs were established to locate absent parents, determine paternity, and enforce child support payments for the maintenance of children. In the State of New York, the State Office of Child Support Enforcement heads the Child Support Enforcement Unit (CSEU) and the Support Collection Unit (SCU).

After you obtain a court order, CSEU or the SCU will enforce the collection of any child support payments you have not received as well as try to enforce future payments. Techniques that can be used to enforce child support payments include wage garnishment, liens against assets, income execution, contempt of court, suspension of drivers and professional licenses, and, in some cases, incarceration.

Consult with us about the particulars of your child support situation. We will advise you of your legal rights and the legal procedures after a confidential strategy session, needed for enforcing child support obligations. We will follow through with taking the appropriate legal action on your behalf.

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Have Questions? We Have Answers!

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Do I Need to Live in New York to File for Divorce in New York?

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Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
  • The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and both parties live in New York at the time of filing.
  • Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.

Why Choose Certified Financial Litigator?

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A CFL is not just an attorney; they are professionals who have undergone extensive training in handling the financial aspects of legal issues, especially those related to divorce and complex financial matters. Certified financial litigators have completed comprehensive training and achieved a passing grade on the CFL Exam, ensuring they are well-versed in all aspects of financial law. Choosing an attorney with a CFL certification means you're opting for an expert with a deep understanding of financial issues that may arise during legal proceedings. These attorneys can provide advice and guidance based on a thorough knowledge of financial concepts and regulations.

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

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The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
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