It depends on whether the child support was paid through a support collection unit. The support collection unit is a state agency that collects child support on behalf of the custodial parent. If the non-custodial parent falls behind and support is paid through the support collection unit, then that unit has many different powers.
Here are some of the ways the support collection unit can require the non-custodial parent to pay:
- Suspend the person’s licenses, including a driver’s license
- Seize tax return refunds
- Go after a person’s bank accounts and assets
- Seize other types of assets
- Garnish wages
If the initial support case is not paid through the support collection unit, the custodial parent – often in conjunction with their own attorney – needs to take all those actions themselves. In other words, they need to file a violation case with the court, and seek to hold the non-custodial parent in willful violation of the child support.
When the non-custodial parent is found in willful violation, the court has many different powers. They include a money judgment that would include 9% interest on the unpaid child support payments in addition to the list above. The support payee can take that judgment and use income from property, assets, money in the bank, retirement, and investments to pay the child support.
If the custodial parent did not have the support paid through the support collection unit, they can request that at the violation stage, so the support collection unit can aid in their efforts to collect the amount of support owed.
For more information on Contested Child Support Cases In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 797-1188 | (914) 362-3080 today.