Enforcing Child Support in New York | What You Should Know

It should go without saying that it is the parents’ responsibility to support their children until they reach the age of emancipation, which in New York is 21 years. Sometimes, parental obligation extends beyond that point. All that said, your former spouse has not been meeting his or her financial obligations as decreed by the Family Court of New York. If you require assistance in ensuring that your former spouse pays his or her fair share, please read on, then contact an experienced Rockland County child support attorney to learn what you should know about enforcing child support in New York.

How do you enforce child support in New York?

If you are the custodial parent, the Law Department will send your request to the relevant authoritites in the area where the noncustodial parent resides and ask the child support agency or local court to take administrative and/or judicial action against him or her. The penalties for the non-paying parent are as follows:

  • Wage garnishments
  • Wage assignments
  • Contempt of court decrees
  • Seizure of the non-payer’s property by writ of execution

In extreme cases, the court may issue an arrest warrant if the noncustodial parent fails to appear in court for a violation hearing or falls seriously behind in child support payments. In such cases of willful nonpayment of child support, the delinquent parent may go to jail for up to 6 months.

What percentage of income must be allocated for child support in New York?

The Empire State employs a fairly straightforward metric. Based on a couple’s combined gross income, i.e. the amount earned before taxes and deductions, a percentage will be calculated based on the number of children. The percentages are as follows:

  • 17% for 1 child
  • 25% for 2 children
  • 29% for 3 children
  • 31% for 4 children
  • 35% for five or more children

How can a Rockland County family law attorney help you enforce child support in New York?

While New York’s child support enforcement agencies can help, you should reach out to a skilled Rockland County family law attorney who will file the correct paperwork and attend a hearing on your behalf. These matters may seem simple, but mistakes can be costly. If nothing else, they are time-consuming. A legal representative can fully apprise you of your rights and responsibilities. Our firm will also provide you with an honest assessment of your case and its likelihood of success. These cases can languish. Do not let yours be one of them. Give us a call today.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.