Legal Question in Family Law in New York

Re: child support/unemployment

The following sources of income can be redirected to custodial spouse in the case of non-payment of child support:

Income Execution - All orders of child support issued in New York State are required to provide for immediate wage withholding. This requires the employer to deduct the child support obligation amount plus an additional amount to reduce arrears (if any) and forward the money directly to the support collection unit.

Income Tax Refund Offset - any State or federal income tax refund due to the payer can be intercepted and applied to the repayment of the past due support/arrears.

Lottery Prize Offset - The support collection unit can intercept Lottery prizes in excess of $600 and apply it to the repayment of the past due support/arrears.

Driving Privilege Suspension - The support collection unit can direct the New York State Department of Motor Vehicles to suspend that payer's driving privileges.

Property Execution -S eize the liquid assets (e.g., bank accounts) of child support payers who owe past due support/arrears, and apply the proceeds to the repayment of past due support/arrears.

Liens - Place liens against real or personal property of child support payers who owe past due support/arrears. A lien will prevent the sale or transfer of the property until the past due support/arrears are repaid.

Referral to the Tax Department - New York State Department of Taxation and Finance (DTF) is authorized to employ all methods available for the collection of past due taxes to the collection of past due child support. This method is particularly useful against self-employed persons who own businesses.

Credit Bureau Reporting - Arrears are presented as a bad debt to all major consumer credit reporting agencies. This action is likely to negatively effect the ability of the child support payer to obtain credit.

Court Enforcement - There are numerous avenues that the court may follow to prosecute non-payment of child support: suspend the payer's business, professional or occupational licenses, suspend the payer's recreational licenses, and/or require the payer to post an undertaking (an amount of money paid in advance against which future child support payments can be drawn).

If a hearing find that a child support payer has willfully violated an order of support (was financially able to meet the obligation, but intentionally failed to do so), the court must order the payer to pay the counsel fees of the other party. Further legal action may include to commit the payer for jail up to six months or place the payer on probation.