New York Divorce Law...

New York Law - How is Child Support Enforced?

Child support orders are enforced by income deduction.

The court typically orders payments to be made to the Child Support Collection unit of the New York State Department of Social Services.

The state will then enforce support orders.

The parties can agree that they don't need income deduction, but then the recipient can't get the legal system to enforce his other support orders. Also, if the parties don't use income deduction, they won't be able to get the 36-month review and adjustment upon a showing of 10% change in award.

If the payer still is not paying, the court may order the parties' property or rents to be taken, or home to be sold, and the payer's share to be held by the recipient as security for payment.

Also, if the payer becomes four months behind in court-ordered child support (excluding court orders for retroactive payments) or combined child and spousal support (the meaning of which is not completely clear), the court can order the suspension of the payer's drivers' license. The court can also grant a limited drivers' license. This allows the payer to drive, for example, only to work or to get medical care. or

Similarly, if the payer becomes four months behind, the court can suspend his or her license to practice law, real estate broker's license, liquor license, or other similar state-granted business license.

Section 236.7b, 240.1, Civil Practice Law and Rules Sec. 5241, 5242, Social Services Law Section 111.g, Section 243, 244, 244-b.

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