New York Child Support Enforcement
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New York child support enforcement (the NYS Department of Child Support Enforcement DCSE) is designed to go after deadbeat dads and moms, or any parent or person legally responsible who gets into child support payment arrears that violate New York state rules, regulations, and guidelines about child support payment.
New York child support enforcement guidelines and regulations call for written notice to be sent to the last known address of the non-custodial parent before any legal action can be brought against them to make them pay all past due child support pay. This is the delinquent non-custodial parent's final chance to get up to date on child support pay before legal or law enforcement action is brought against them.
If the delinquent parent does not comply immediately upon receiving the written notice, or if they never respond because through fault of their own (such as not giving the correct address to the state) they never get the notice, legal administrative action will be brought against them by the state of New York.
New York child support enforcement laws will enforce child shupport by:
- Income Execution (IEX): deducting enough money from a noncustodial parent's income/salary by the noncustodial parent's employer or income payor in order to cover all current and/or past due child support payment amounts.
- UIB (Unemployment Insurance Benefits) Intercept: The unemployment insurance pay being sent to the unemployed noncustodial parent from the New York State Department of Labor has deductions made for current and/or overdue child support pay in the same way as working parents do under IEX procedures.
- In addition to these measures, the state (and possibly the federal government) might find need of taking additional legal action against a delinquent non-custodial parent who hasn't paid child support:
- Driver's License Suspension: A New York state child support delinquent might have their driver's license suspended by the state in order to force them to pay up.
- Income Tax Refund Intercept: The delinquent's income tax refund might be intercepted by government administrative law enforcement authorities to pay past due child support.
- Lottery Intercept: If the delinquent wins any money through the New York State lottery, as much as is needed out of the winnings amounts could be intercepted to be put against back due child support payments.
- Credit Bureau Submission: Major consumer credit reporting agencies could receive the name of the delinquent for their records, and their delinquency will appear on their credit report, which could cause them problems with obtaining loans or refinancing existing loans.
- Property Execution: Bank accounts, retirement plans funds, and other financial assets of the delinquent's might be seized and the money from them used to pay past due child support payments.
- Liens: Tax liens against property or personal injury claims of the delinquent can be filed by New York state and/or the federal government to collect past due child support money.
- Tax Referral: The New York State Department of Taxation and Finance (DTF) can receive the names of delinquent non-custodial parents and the proceed to apply specific tax collection procedures against them to raise the back due pay.
- Passport Denial: This would also involve the federal government; a delinquent parent can have their ability to renew or obtain a passport taken away, preventing them from leaving the country.
If you feel that either you need an ex-spouse sued for back due child support, or you are being wrongfully being targeted for child support pay collection, contact an attorney who specializes in New York child support enforcement laws right away.
If you need a divorce lawyer call now 718.259.4500 or email us if we can help.
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