Did you know that if you have custody of your child, you have the right to collect child support from the noncustodial parent? In New York State, once a divorce agreement is consolidated, child support is mandatory until the age of 21. Social services mandate that the highest-earning parent contributes an amount that was agreed upon either in court or by a mediator. In most cases, the issue with child support for most is finding adequate enforcement of child support for the providing parent. To discuss your child support needs, be sure to contact our Nassau Divorce Lawyer here at Simonetti & Associates.
Enforcing Child Support Orders
In New York State, the child support enforcement program overdue child support can be collected through administrative procedures that can be enforced without going to court. Before any administrative procedures, the noncustodial parent is notified about the procedure. They are also provided with a deadline and instructions to either challenge or comply with the action, and they are made aware of the consequences of failing to comply. Here are some of the procedures that may be used to enforce child support orders:
- Income Execution (IEX)
- Income Tax Refund Intercept
- Unemployment Insurance Benefits Intercept
- Drivers License Suspension
It is important to note that many of these procedures will not be used unless the noncustodial parent fails to comply with their child support agreement. With Simonetti & Associates, a Nassau Divorce Lawyer can help guide you through the child support process. While child support is one of the oldest divorce laws in effect, many people still try to avoid the order by making lump-sum payments and claiming to make less money than they do. As a countermeasure for this, the parent receiving child support reserves the right to demand more child support through a court appeal. Every state has a social service for enforcing child support. In New York, they use the HRA (Human Resources Administration) to manage child support payments. The primary issue with the HRA is that they offer no real enforcement of payments aside from moderating the amount both parents agree on. According to the DPPA (Deadbeat Parents Punishment Act), a “deadbeat” parent can be charged with a misdemeanor for missing child support payments up to $5,000 and a felony for missing payments up to $10,000. The DPPA is one way to ensure that the noncustodial parent pays what they owe. A Nassau divorce lawyer at Simonetti & Associates can discuss all the options that are available to you to support your needs.
Contact Our Nassau Divorce Lawyer
Simonetti & Associates has been in practice for over 30 years and our team can properly assist you with all of your family and divorce law needs. If you are having trouble arranging equitable child support payments and enforcing a noncustodial parent to make their payments, be sure to contact us to get the help you need today!