Child Support enforcement and Collection question

[mtm91]

What is the name of your state (only U.S. law)? New York

I am in Suffolk county NY. My ex and I separated in Feb 2010 Filed for Divorce in March 2012. Up to date he has not paid any child support except for $200 a few months ago. He works off the books so there is nothing to garnish but I know what he makes each week approximately.

We have a Child Support order filed with our divorce papers, the divorce is not yet final (due to paperwork errors) but the filing date is listed as March 2012.

Do I have to wait for the Divorce to be final to proceed with Collection attempts? If so, am I entitled to support from 2010 or only until we filed in 2012?

Also, Given that he has no reportable income, how do I go about getting the back support collected. I've waited long enough for him to do the honorable thing, I just want my children cared for the way they deserve

Any help is appreciated

 

[single317dad]

What is the name of your state (only U.S. law)? New York

I am in Suffolk county NY. My ex and I separated in Feb 2010 Filed for Divorce in March 2012. Up to date he has not paid any child support except for $200 a few months ago. He works off the books so there is nothing to garnish but I know what he makes each week approximately.

We have a Child Support order filed with our divorce papers, the divorce is not yet final (due to paperwork errors) but the filing date is listed as March 2012.

Do I have to wait for the Divorce to be final to proceed with Collection attempts? If so, am I entitled to support from 2010 or only until we filed in 2012?

Also, Given that he has no reportable income, how do I go about getting the back support collected. I've waited long enough for him to do the honorable thing, I just want my children cared for the way they deserve

Any help is appreciated

Is there a preliminary order for child support that is in effect for the duration of the divorce proceedings? If so, he's required to pay that amount, and it can be enforced normally. If not, and you're just waiting for the divorce to be finalized for support to be ordered, then there's nothing to enforce at this time.

Child support can be collected in several creative ways, depending on jurisdiction. Once a judge has found the delinquent parent in contempt (usually several times), they can jail the party and make their release contingent on a "purge", a monetary fine often equal to the amount of support arrears. Garnishment can include tax returns, insurance settlements, gambling winnings, and some other forms of traceable payments. Driving and professional licenses (license to practice medicine, law, to teach, etc) can be suspended, and passports denied.

https://www.childsupport.ny.gov/dcse/custodial_parent_info.html

 

[CSO286]

What is the name of your state (only U.S. law)? New York

I am in Suffolk county NY. My ex and I separated in Feb 2010 Filed for Divorce in March 2012. Up to date he has not paid any child support except for $200 a few months ago. He works off the books so there is nothing to garnish but I know what he makes each week approximately.

We have a Child Support order filed with our divorce papers, the divorce is not yet final (due to paperwork errors) but the filing date is listed as March 2012.

Do I have to wait for the Divorce to be final to proceed with Collection attempts? If so, am I entitled to support from 2010 or only until we filed in 2012?

Also, Given that he has no reportable income, how do I go about getting the back support collected. I've waited long enough for him to do the honorable thing, I just want my children cared for the way they deserve

Any help is appreciated

Simple suggestion: Open a case with NY DCSE, https://www.childsupport.ny.gov/dcse/home.html

They will pursue enforcement of your child support order, and the costs to you will be far less than what they would be for you to file contempt. In addition, they have access to some enforcement remedies that you don’t.

Even if your ex is working under the table there are some enforcment remedies that will "hit him where it hurts"; i.e. Driver's License Suspension and possibly Passport denial.

 

[mtm91]

Is there a preliminary order for child support that is in effect for the duration of the divorce proceedings? If so, he's required to pay that amount, and it can be enforced normally. If not, and you're just waiting for the divorce to be finalized for support to be ordered, then there's nothing to enforce at this time.


https://www.childsupport.ny.gov/dcse/custodial_parent_info.html

We filed a Child Support Worksheet and a notarized Non-Judicial Determination of Child Support with the original divorce agreement. That was with the understanding that he would start paying at least from that date on.

Needless to say over a year later i still am waiting. I've tried not to go this route for several reasons, we still remain friendly, and he has a great relationship with his kids, but I just dont feel like I should have to carry the sole burden of the financial responisbility.

Most of the information of Suspport collection I see is for CS orders filed thru family court, I just wonder if its different since we filed thru the Supreme court as part of our Divorce

Thanks

 

[mtm91]

Simple suggestion: Open a case with NY DCSE, https://www.childsupport.ny.gov/dcse/home.html

They will pursue enforcement of your child support order, and the costs to you will be far less than what they would be for you to file contempt. In addition, they have access to some enforcement remedies that you don’t.

Even if your ex is working under the table there are some enforcment remedies that will "hit him where it hurts"; i.e. Driver's License Suspension and possibly Passport denial.

Thanks. I have visited that site, but since I dont have an "open case" per se... I cant really do anything yet.... I have to go down this week to see what they can do with what i have

 

[CSO286]

Thanks. I have visited that site, but since I dont have an "open case" per se... I cant really do anything yet.... I have to go down this week to see what they can do with what i have

If you have a court order for child support, it doens't matter if your divorce is finalized, you can request they open a case to enforce the child support order.

If you have a temporary order for support and are expecting the divorce decree to have the "final version" of your order, you can still ask for DCSE to enforce the temp order.

 

[CSO286]

We filed a Child Support Worksheet and a notarized Non-Judicial Determination of Child Support with the original divorce agreement. That was with the understanding that he would start paying at least from that date on.

Needless to say over a year later i still am waiting. I've tried not to go this route for several reasons, we still remain friendly, and he has a great relationship with his kids, but I just dont feel like I should have to carry the sole burden of the financial responisbility.

Most of the information of Suspport collection I see is for CS orders filed thru family court, I just wonder if its different since we filed thru the Supreme court as part of our Divorce

Thanks

It's nopt about turning things adversarial. Opening a case with DCSE has benefits for the non-custodial parent as well. They get the perk of accurate record keeping, and they don't have to worry about making sure to keep records of payments or cancelled checks in a safe place. For some NCPs, the thing that really bugs them is having to write a check to the ex every month. If there is an open DCSE case, they write their check to the clearinghouse, not the ex. This actully makes sone NCPs feel better.

 

[mtm91]

If you have a court order for child support, it doens't matter if your divorce is finalized, you can request they open a case to enforce the child support order.

If you have a temporary order for support and are expecting the divorce decree to have the "final version" onf your order, you can still ask for DCSE to enforce the temp order.

Thank you. Its all so confusing.