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