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When a parent who owes a child support obligation fails to pay as scheduled on a regular basis, the court can force repayment and penalize the debtor in a variety of ways. The New York City Department of Social Services Support Collection Unit can take administrative or judicial action to compel full child support order compliance.
Here are some of the potential measures that may be taken:
If an individual falls behind on support payments, their monthly payment amount may be increased up to 50 percent until the past-due balance is paid off.
If the parent who owes support expects a state or federal tax refund, it may instead go to the Office of Child Support Enforcement (OCSE) to pay off the overdue balance.
The OCSE can identify and seize a delinquent payor’s bank account or related financial assets to ensure the debt is paid. For this to be enacted, the amount owed must at least $300 or equal to or more than two months of missed payments. Parents who pay via payroll deduction can be held accountable through this option if they have at least $3,000 in a bank account.
In some cases, delinquent child support may be enforced by the Family Court after administrative options like those listed above have been exhausted. Potential outcomes include:
While parents who are owed child support should receive it as scheduled, sometimes substantial changes in an individual’s life – including the loss of employment – can limit their ability to pay. If you find yourself on either end of this scenario, Goldberg Sager & Associates can help. To speak with a Brooklyn, NY family law attorney, call 718-514-9516 for a free consultation.