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Where’s My Child Support? : What Needs to Be Done If Child Support is Not paid in NY│ Heidi Opinsky Law

A Child Support Enforcement Action Can Help You Get the Child Support Payments You Rightfully Deserve

After a divorce takes place and child custody is decided, the parent who is not the primary caregiver — the noncustodial parent — is responsible for providing child support. There are approximately 12.9 million custodial parents in the United States (1), so if you have questions regarding child custody and support, you’re not alone. 

Both parents have to contribute financially to help raise their children. Naturally, the primary caregiver will be spending on the children on a daily basis by providing housing and paying for daily life necessities. The noncustodial parent must contribute as well, even if they spend less time with the children. 

Any parent who has been instructed to pay child support by a judge or by the New York DCSE should make sure they fulfill their obligation on time every month. Parents who opt out of paying support will have to face serious legal penalties, which in some cases, even include jail time (2).

Custodial parents who are not getting the child support they rightfully deserve can apply for child support enforcement. The best way to make sure your case goes through successfully is by getting in touch with qualified child support or family lawyer. An attorney will be able to guide you on the right forms to fill and notify you of any deadlines or legal rulings you must follow to ensure the child support enforcement action goes through successfully. 

What Will DCSE do to Enforce Child Support?

You can turn to DCSE to help you enforce your child support order, but it is important to keep in mind that they will not assign a lawyer to your case, nor will they bring an action in court. What DCSE will do is help you collect your owed child support by garnishing the wages or bank account of the guilty parent.

DCSE can also help you with other matters regarding child support such as establishing paternity and locating the noncustodial parent.

What Will a Judge Do to Enforce Child Support?

Once you hire a qualified family lawyer and bring your child support enforcement action to court, a hearing will be held to show cause. If your case is accepted, the judge will order that child support be given and the noncustodial parent will be held legally accountable for the payments due. 

The noncustodial parent who was failing to pay child support may be subjected to the following penalties:

  • Income garnishment
  • Seizure of property and assets
  • Loss of licenses and passports
  • Negative credit reports
  • Legal fee payment obligation
  • Lien on home or business

The exact penalties will depend on your personal case and the financial details of the accountable parent.

Get in Touch with a Skilled Family Lawyer in NY Today

It is the right of the children to obtain financial support from both their parents. If the noncustodial parent refuses to pay the required child support amount, you can take proper legal action to have the support payments enforced. 

Connect with an experienced family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to get answers to your child support questions, and to get assistance with enforcing child support payments.

Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible


1. https://legaljobs.io/blog/child-custody-statistics/ 

2. https://www1.nyc.gov/assets/hra/downloads/pdf/services/child_support/enforcement_actions.pdf