Like many states, New York has strict laws regarding child support payments. All child support negotiations and determinations must be completed before a divorce can be finalized. Because the court makes its final decision based on the “best interests of the child,” a noncustodial parent may end up with monthly payments they don’t agree with. However, this doesn’t mean that a parent is allowed to stop making payments by need or choice without court approval. In fact, a noncustodial parent may face severe legal penalties and even jail time for violating the court order.
Child support payments are meant to provide for a child’s:
- Food
- Clothing
- Healthcare
- Shelter
- Education
A child’s well-being and environmental stability may rely on consistent child support payments. So when a noncustodial parent stops providing these necessary funds, the law must step in to intervene accordingly.
Child Support Enforcement Unit
In New York, the noncustodial parent is required to send all child support payments directly to the Child Support Enforcement Unit (CSEU). It’s the CSEU’s duty to protect children by keeping track of all child support payments and, if necessary, using a variety of methods to enforce a parent’s court order.
The administrative procedures to collect overdue child support payments include, but are not limited to:
- Income Execution (IEX): The CSEU sends the noncustodial parent’s employer a notice stating that the overdue payments are to be subtracted from the parent’s paycheck.
- Unemployment Insurance Benefits (UIB) Intercept: The New York State Department of Labor will deduct the overdue amount from the noncustodial parent’s unemployment insurance benefits.
- Income Tax Refund Interception: The CSEU will notify the U.S. Department of Treasury, and the IRS will take the overdue amount from the noncustodial parent’s tax refund.
- Tax Referrals: The New York State Department of Taxation and Finance can collect overdue payments using tax remedies.
- Property Execution: The noncustodial parent’s bank accounts may be seized in order to appropriate the necessary payments.
Child Support Modifications
A parent’s state of employment, medical conditions, and financial circumstances naturally change over time. Sometimes, this means that a noncustodial parent is unable to make child support payments without suffering great financial strain. If you find yourself in this situation, you must be proactive and seek legal guidance immediately. With the help of an attorney, you can request a child support modification from the court. At Peter L. Cedeño & Associates, P.C., we can help you challenge the CSEU’s administrative procedures and guide you through the modification process.
Schedule a Consultation
Contact Peter L. Cedeño & Associates, P.C. if you have questions or concerns about your child support payments. Our compassionate New York City child support lawyers represent the legal needs of both paying and receiving parents.
We provide bilingual services. Call Peter L. Cedeño & Associates, P.C. at (212) 235-1382 to request a case consultation.