In New York, understanding the consequences of failing to make child support payments is crucial for any parent under such an agreement. New York strictly enforces child support to ensure children receive financial assistance from both parents. Non-payment can lead to serious penalties affecting various aspects of a parent’s life. Please continue reading to learn more about these issues and why it’s important to consult our experienced Nassau County Criminal Defense Attorneys to explore your legal options.
Can a Failure to Pay Child Support Result in Jail Time?
A failure to pay child support in New York can result in incarceration, but only if the court deems the non-payment to be willful. Should the court determine that an individual possesses the financial means to provide child support yet deliberately abstains from doing so, they may be found in willful contempt of court. A finding of willful nonpayment and subsequent contempt of court can lead to a jail sentence of up to six months.
Furthermore, a judge has the authority to issue an arrest warrant and detain the individual until the matter is resolved or sentence you to jail time. Following an arrest, it’s important to note that the court may establish a “purge amount,” which represents the sum of arrears, penalties, and interest that must be paid for release.
What Other Enforcement Actions Can I Face if Accused of Willful Non-Payment in New York?
In the event of child support payment arrears, the outstanding order may be increased by up to 50% above the court-ordered amount until all arrears are settled. Federal or state income tax refunds are subject to seizure for the purpose of satisfying past-due child support obligations. Furthermore, the Office of Child Support Enforcement (OCSE) is authorized to seize the financial assets of delinquent parents to fulfill these past-due support obligations.
Additionally, a driver’s license may be suspended if the child support amount owed is equal to or greater than four months of the current obligations, excluding retroactive support, and payments are not being made via payroll deduction. The suspension will remain in effect until all delinquent funds owed are subject to a payment arrangement or employment information is provided, which will lead to wage garnishments. The DMV may grant a noncustodial parent’s requests for a restricted driver’s license, permitting travel exclusively to and from work, under limited circumstances.
A noncustodial parent may face restrictions on new and renewed professional licenses, a significant decline in their credit rating, and the State Department may deny a passport application or renewal if a minimum of $2,500 in child support is owed.
Failure to meet your child support obligations can lead to serious repercussions. For further details, please don’t hesitate to contact an attorney at KCS Law.
