If you’re a father who is owed child support and are looking to enforce your order, or you believe you’re being unfairly accused of failing to make regular child support payments, you need a legal team in your corner who can effectively fight for you and represent your interests at every turn. Here at Dow Divorce Law, we have decades of experience with the enforcement of child support, and we stand ready to put that experience to work for you. Contact our legal team today so we can discuss your circumstances and begin building a comprehensive strategy on your behalf.
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.
Legal Action for Unpaid Child Support
This may include:
- Asking the judge to hold your ex-spouse in contempt of court
- Seeking an order to garnish 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.
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
- 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)
- Support Collection Unit (SCU)
- How Child Support Enforcement Works
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.
Methods Used to Enforce Child Support
Techniques that can be used to enforce child support payments include:
- Wage garnishment
- Liens against assets
- Income execution
- Contempt of court
- Suspension of drivers’ licenses
- Suspension of professional licenses
- In some cases, incarceration
What Evidence Should Fathers Gather for a Child Support Enforcement Case?
If you are seeking to enforce a child support order, one of the most important things you can do is gather as much documentation as possible before proceeding. Quite simply, the stronger your evidence is, the stronger your enforcement claim will generally become. Generally speaking, some of the most useful forms of evidence in a child support enforcement matter are as follows:
- Copies of your child support order
- Records showing missed payments
- Bank statements
- Payment histories
- Text messages or emails discussing unpaid support
- Screenshots of electronic payment records
- Wage information
- Tax returns
- Documentation regarding any prior enforcement efforts
You should also keep records regarding dates, amounts owed, and any partial payments that may have been made. The more organized you are, the easier it will generally be to establish exactly how much support remains unpaid.
Additionally, if you believe your ex-spouse is intentionally hiding income, working off the books, underreporting earnings, or otherwise attempting to avoid support obligations, you should discuss those concerns with an attorney immediately. In many cases, additional financial discovery or enforcement proceedings may become necessary to uncover the full financial picture.
Can a Parent Really Go to Jail for Failing To Pay Child Support?
In certain cases, yes. While incarceration is generally considered a last resort, New York courts absolutely have the authority to jail a parent who willfully violates a child support order.
In most cases, courts prefer to first use other enforcement mechanisms before imposing incarceration.
That being said, if the court determines that a parent has the ability to pay child support but intentionally refuses to do so, the judge may ultimately hold that parent in contempt of court. In some situations, this can result in jail time.
You should also understand that courts generally distinguish between parents who truly cannot afford to pay support and parents who are intentionally avoiding their obligations. For example, if a parent voluntarily quits a job, hides assets, works for cash, transfers money to avoid collection efforts, or otherwise attempts to evade child support obligations, courts may take an extremely negative view of that conduct.
Additionally, repeated violations of court orders tend to make enforcement matters significantly more serious. If a parent continuously ignores support obligations despite prior warnings or enforcement actions, courts are often more willing to impose harsher penalties going forward.
Speak With Our Firm About Child Support Enforcement Today
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.
