Carton & Rosoff PC-Attorney at Law

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Judicial enforcement procedures for child support

There are many parents in New York who have child support obligations. It is important to pay these court order child support obligations, but there are parents who fall behind in payments or choose not to pay for one reason or another. It could be because the parent lost their job or had another reason why their income was reduced permanently or temporarily. However, there are other parents who simply choose not to pay their child support because they do not think it is fair.

However, most parents are capable of working and paying their child support so when they fall behind in payments, there are enforcement actions that can be done. The enforcement actions begin with administrative enforcement actions such as incepting tax returns, garnishing bank accounts, suspending driver's licenses and other actions. However, sometimes these do not work because the parent is able to actively avoid these actions.

So, there are also judicial enforcement actions. In these situations there will be a hearing to determine why the parent has not paid and to issue punishments for not paying the child support. After the hearing the judge could issue a judgment in the amount owed, a lien could be placed on the parent's property, they could be put in jail, have state issued professional licenses revoked, be ordered to participate in work programs and others. If those fail they could be referred for criminal prosecution for their non-payment.

Whether they like it or not, most parents ordered to pay child support make their payments. However, there are many parents who do not make payments for one reason or another. This can put the child in a difficult position as that money is ordered so the child's financial needs are met. So, in order to help ensure parents make their payments there are many enforcement actions that can be taken. Experienced attorneys understand child support enforcement and may be able to guide one through it.

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Carton & Rosoff PC
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White Plains, NY 10601

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