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Procedures to recover child support in New York

Parents are responsible for taking care of the financial needs of a child. Child support orders ensure that the parents do not fail in this duty. However, sometimes a parent fails to make the necessary payments to the custodial parent. In such cases, legal action may be taken to recover overdue child support.

Before initiating an administrative process, a notice is sent to the parent responsible for the child support payments. The notice will inform the parent of the deadlines to comply with the orders or challenge the action, a procedure that would be undertaken by the authorities with consequences if the person fails to comply.

The authorities may undertake various procedures to recover current or overdue child support from the parent. The child support may be deducted from the wages or income of the person. This process known as income execution will be enforced by the employer or income payer. In situations where the noncustodial parent is unemployed, the parent's overdue or current child support will be deducted from the unemployment insurance benefits given by the New York State Department of Labor.

If child support has become overdue, the authorities may take various steps to ensure that the payments are made. The lottery winnings or Federal or State income tax refunds may be intercepted, financial accounts may be seized, details of the delinquent parent may be submitted to major consumer credit reporting agencies and the delinquent payer's driver's license may be suspended. Liens may also be filed against the person, New York State Department of Taxation and Finance may be notified of the delinquent payments by the parents, who may refer methods to collect child support and a passport maybe denied as the U.S. State Department and New York State Division of Child Support Enforcement work together in such cases.

When any person is faced with child support orders, it is advised that they be up to date with the laws related to child support. This will ensure that the person takes correct steps to ensure that orders are followed or the order is challenged before legal action ensues.

Source: Childsupport.NY.gov, "Support Enforcement," accessed on Aug. 12, 2014

Source: Childsupport.NY.gov, "Support Enforcement," accessed on Aug. 12, 2014

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