Enforcement of Support

Family Court Act Article 4

Long Island Child Support Enforcement Attorney

By J. Douglas Barics

Parents have a legal obligation to support their children. When they do not, the custodial parent can seek an order of child support.

Likewise, spouses have an obligation to support their spouse if they lack the means to be self sufficient.

When a parent or a spouse fails to voluntarily pay, an order of child support or spousal support can be requested by filing a support petition. Normally, that order resolves the issue.

But when someone fails to obey a support order, the Family Court is authorized to take additional steps to secure payment. That requires a new petition, which seeks to enforce the support order. If your support order is not being followed, we can help.

Likewise, there are times when someone is complying with an order of support and is falsely accused of not paying. If you believe you have been falsely accused of non compliance with a support order, we can help.

Do you need representation a support enforcement proceeding in Family Court?

Enforcing Support Orders in New York Family Court

What you need to know about enforcing orders of child support and spousal support

I thought the support order was supposed to be followed. How can my ex get away with not paying?

An order or judgment is only as good as it can be enforced. For child and spousal support, there are extra enforcement mechanisms in place which are not normally available.

How do I enforce a support order?

Once you have an order of support, its terms need to be followed. If they are not, you file a new petition in Family Court and explain exactly what parts of the support order are not being obeyed.

My ex says they don't have enough money to pay what was ordered. What happens next?

The court will set a hearing to determine if there is a violation of the order and what the punishment will be if the is a violation.

How do I prove there is a violation of the order? Can't my ex just say they don't have money?

Proving a violation requires three steps.

The existence of a support order
The party has knowledge of that support order
The order was not complied with

What happens after I prove there was a violation?

A non paying party will often request a downwards modification. In addition, they an assert that the non payment wasn't willful.

What can the Court do if it finds there was a violation of the support order?

The court has a wide variety of options.

The court will enter a money judgment for the amount owed
The court may make an income deduction order
The court may require the respondent to post an undertaking
The court may issue an order of sequestration
The court may suspend the respondent's driver's license
The court may suspend the respondent's state professional or business license
The court may suspend any recreational licenses
The court may require the respondent to participate in work activities
The court may require the respondent to participate in job training

What happens if my ex doesn't appear in court?

The Court will issue a warrant for their arrest. The court may also proceed in their absence.

Contact Our Family Court Lawyer Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any support enforcement. With over 25 years of Family Law experience, we can bring to you the services of a large firm at a fraction of the cost.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.