If you are having trouble collecting the child support owed to you, or you are having trouble meeting your child support obligations, you need an attorney to protect your interests. Contact our firm today to discuss your case with an attorney experienced in child support enforcement matters.
Learn More About Child Support
Divorcing parents may be ending their spousal relationship, but they will be parents forever. For this reason, it is important to handle sensitive legal issues involving child custody and child support with the utmost care and attention. At The Mandel Law Firm we help people from New York City, Long Island, Westchester County and throughout the surrounding region with a wide range of family law issues, including child support arrangements.
For more information, please visit our child support practice area page.
To schedule a consultation with one of our experienced attorneys, please contact us today online, or by telephone toll-free at (888) 2 WIN NOW (888-294-6669) or locally at (212) 697-7383.
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Are you facing a dispute over child support? Our lawyers have extensive experience helping divorced parents get fair and just resolutions to their family law disputes.
No matter what led to your divorce, all parties must agree that the best interests of the child must be protected. We will stand up for your rights and the rights of your children.
Enforcing Child Support Orders
Parents must meet their child support obligations. Those who do not pay, pay less than required or pay sporadically may be subject to contempt proceedings, fines and even jail time. If you have questions about enforcing a child support order or need help defending a contempt action, contact The Mandel Law Firm in New York, New York. An experienced family law attorney can review your situation and explain your rights.
Contempt Proceedings
Contempt proceedings are one of the most common actions taken against parents who fail to pay child support. During contempt proceedings, the payor parent is charged with failing to comply with a court order. These proceedings can be civil or criminal. In civil proceedings, the parent can be ordered to serve an indefinite period in jail until he or she pays the support owed. Upon paying the back support, the parent is released from jail. In criminal contempt proceedings, the parent is sentenced to a set amount of time in jail as punishment for failing to comply with the order. The parent cannot pay the back support to shorten his or her jail sentence.
The key to holding a parent in contempt of a child support order is finding that the parent has the ability to pay child support but willfully failed to do so. Parents who do not have the ability to pay the support may have a successful defense to a contempt proceeding if they can prove they genuinely could not pay.
Wage Garnishment
Parents who owe back support may be subject to wage garnishment. The court can order an employer to withhold a certain percentage out of an employee's paycheck each pay period to meet his or her child support obligations. Additionally, under federal law, employers must report the names of new employees to the state's new hire directory, which is used to help locate parents who are delinquent in child support payments. There is also a national registry which can be used to help locate parents who move out of state to seek employment. Tax refunds and lottery winnings also can be subject to garnishment.
Enforcing Child Support Orders Across State Lines
State governments and the federal government have taken action to punish those who cross state lines in hopes of escaping their support obligations. States are required to give full faith and credit to valid final court judgments issued in other states - including child support orders. Thus, parents cannot seek out a new jurisdiction to gain a more favorable child support award. Under the Uniform Interstate Family Support Act (UIFSA), the court who issued the child support order retains continuing exclusive jurisdiction - this means that if the parents seek to make changes to the original order or seek to have it enforced, they must petition the court that originally issued the order. UIFSA provides state courts with long-arm jurisdiction in case one parent relocates to another jurisdiction.
In an effort to reduce welfare costs, the federal government has passed legislation to criminalize willful failures to pay child support. Under the Child Support Recovery Act and the Deadbeat Parents Punishment Act, parents who fail to pay child support can face federal penalties, including fines and incarceration.
Conclusion
Delinquent child support payments can put a strain on families and society as a whole. For more information on enforcing a child support order, contact an experienced family law attorney at The Mandel Law Firm in New York, New York.
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