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Understanding Child Support Enforcement

Understanding Child Support Enforcement

Posted By The Meyers Law Group, P.C. || 4-Feb-2016

If you are a parent that is struggling with an ex-spouse or co-parent that refuses to uphold their child support responsibilities, you are likely facing significant hardship. Child support rulings are taken very seriously in New York and the court fully recognizes that these payments are essential the proper upbringing and comfort of the children in question. When an ex-spouse avoids or refuses to make these payments, the custodial parent may have no other choice but to return to court and seek an enforcement action.

Filing an Enforcement Action

The first step for those parents seeking enforcement is filing the proper paperwork with the Department of Child Support Enforcement. This documentation will detail various factors in your case, such as the original terms of your child support ruling, how much support is owed, how much (if any) has been paid, and the timeline of the missed payments.

If the court approves your filing for an enforcement action, it will then schedule a hearing known as a Show Cause Hearing. At this hearing, the ex-spouse or co-parent will be asked to explain why the child support payments have not been made. It is strongly advised that the filing parent has legal representation for this process—including the filing process with DCSE. This filing needs to be thorough and clear and any vagueness or contradictions can cause it to be dismissed.

What the Court Can Do

If it is established that a parent has been able to pay child support but has refused to, the court can take numerous measures against him or her to recover the money (or compel them to pay). Which of these remedies that will apply depend on the circumstances of the delinquent parent.

The court can enforce:

  • Seizure of property or assets
  • Liens on property and assets
  • Garnishment of income
  • Revocation of driver's license or professional license
  • Confiscation of tax returns and government benefit payments

In some cases, the court can even order that the parent pay the other's legal fees for the entire enforcement action. Whatever the case may be, a dedicated Long Island family law attorney can help you seek powerful enforcement remedies to rectify your child support matter.

If you want to learn more about seeking a child support enforcement action against your co-parent or ex-spouse, we invite you to contact The Meyers Law Group, P.C. today. Our skilled, dedicated advocates can help assess your situation and ensure that your filing thoroughly speaks to the urgency of your child support needs.

Start the process today. Use our online form to request a case evaluation.

Categories: Child Support