Child Support Enforcement
Family law attorneys at Kantrowitz, Goldhamer & Graifman help New Jersey and New York residents in need of child support enforcement. Simply because a court order has been issued, does not mean that the child support or spousal support process has come to a close. Once a child support order has been established by the courts, it must be obeyed. Far too often, one party will fail to make the required payments, which are intended to support the child’s health and maintenance, thereby seriously compromising the financial situation of the recipient.
When one parent fails to pay court-ordered support, the custodial parent is encouraged to seek legal counsel for help.
Child support lawyers helping New York and New Jersey families
Securing the compensation that you need to care for your child or yourself is best achieved in conjunction with experienced family lawyers. The Kantrowitz, Goldhamer & Graifman law firm has spent the past 40 years fighting for the rights of parents and ex-spouses in complicated matrimonial disputes, helping clients exercise their parental rights.
While some parents stop making child support payments for very legitimate reasons – such as poor health or loss of employment—others are simply negligent. At KGG, our attorneys have in-depth knowledge of child support enforcement policies in New York and New Jersey and can explain your options for obtaining the financial support you and your child deserve.
Whether you are the payer in a child support enforcement order or the custodial parent, we have the expertise and resources to champion your rights and resolve your matter efficiently and successfully.
Help collecting child support arrears
When a parent who is ordered to pay child support fails to meet part or all of this obligation, these past-due payments are considered a debt – one that never goes away. The repayment of back child support may include interest charges, in addition to the original sum owed. Those who owe child support arrears are required to pay this debt in its entirety, even after the child is legally emancipated.
Parents who are dealing with the economic hardships of this stressful situation are often overwhelmed at the prospect of pursuing child support arrears. Fortunately, both state and national policies have made it much easier to enforce child support orders. With the guidance of a skilled NY & NJ child support lawyer, parents have several avenues to collect back payments.
How KGG can assist with child and spousal support enforcement
Once the courts have verified a history of unpaid child support, there are several measures that can be utilized to enforce the court order and recoup back payments:
- Wage Withholding– A child or spousal support agency and the divorce courts have the authority to collect on the income of the non-paying parent. In addition, employers are also required to partition off percentages of lump sum payments, such as bonuses and commissions, for unpaid child or spousal support. In fact, over $1 billion of New York child support was paid by wage withholding.
- License Suspension– Non-paying parents can have their state issued licenses revoked until they agree to a payment plan or pay off the overdue amount. The state has the authority to revoke occupational licenses and drivers’ licenses.
- Redirecting of tax refunds – The non-paying parent’s federal and state tax refunds can be intercepted. A percentage of the amount is withdrawn and used to pay for overdue support payments.
- Property Execution/Asset Seizures– The non-paying parent’s assets, including property, vehicles and stocks, can be seized to pay overdue support.
- Liens – Non-paying parents can lose control of their property, awards and even personal injury claims to pay for unpaid support.
- Monetary Penalties – The courts may sanction additional monetary fines for failing to pay child support
- Intercept of 401k and Pension Plan Funds – A Qualified Domestic Relations Order can seek a withdrawal of retirement funds to pay alimony and child support owed (even if the non-paying parent is too young to receive benefits)
- Denial of passport – Passport application or use may be denied for parents with child support arrears exceeding $2,500
Failing to pay child support comes with a host of negative ramifications, including potential civil and criminal sanctions. Whether you seek enforcement of a direct or indirect child support order, having skilled legal representation can enhance your chances of securing a favorable resolution.
If you live in Bergen County or Rockland County and have questions about how to enforce your child support agreement, we encourage you to reach out for a private consultation.
Consult with family lawyers in NY, NJ
You and your child’s financial security is too important to gamble away by taking matters into your own hands. Our dedicated family lawyers will delve deeply into your case, identify the most strategic course of action, and work tirelessly to secure the funds you deserve.
Don’t delay in seeking trustworthy, competent legal counsel for your child support case. We will work around your schedule to find the best time for a consultation. Call or visit our law offices, located in Rockland County, NY and Bergen County, NJ.
- Huffington Post, My Ex Isn’t Paying Child Support – How Can I Get it From His 401(k)? https://www.huffingtonpost.com/emily-w-mcburney/my-ex-isnt-paying-child-s_b_964884.html
- NJ ChildSupport.org, Termination FAQs http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Termination/Termination-FAQs
- New York State, New York Child Support Online https://www.childsupport.ny.gov/dcse/home.html