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What Happens When You Fail To pay Child Support?

Kahn and Richardson - Wednesday, June 28, 2017

Once child support has been established by Court Order, the parent required to pay child support must do so as long as the support order is in effect or until the child reaches the age of 21, or is sooner emancipated. When there is failure to pay child support, the parent who is entitled to receive the Court-ordered support payments may bring an enforcement proceeding in Court.

Consequences and punishment for not paying Child Support

In New York State, a parent who willfully fails to pay child support payments may be subject to one or more of the following penalties:

  • Garnishment of wages and/or income
  • Seizure of real and personal property
  • Lien on business or home
  • Loss of occupational and/or professional license
  • Loss of driver’s license and/or passport
  • Interception of tax refunds
  • A negative credit report

Furthermore, a delinquent parent can be held in contempt of court for failure to pay child support. If this happens, the non-paying parent can also be subject to fines and incarceration.

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Practice Areas
  • Divorce
  • Separation Agreements
  • Custody & Visitation
  • Property Division
  • Spousal Maintenance
  • Child Support
  • Prenuptial Agreements

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