Regardless of whether you owe child support arrears or have concerns about your ability to keep making your support payments on time, it’s crucial to know what steps to take to avoid delinquency. The penalties associated with failing to make support payments on time can disrupt many aspects of your life, including your employment, financial security, ability to drive, and even your freedom. As such, if you can no longer afford your maintenance payments, it’s in your best interest to enlist the help of a seasoned Nassau County Child Support Lawyer who can help you file a petition with the court to modify your existing child support order.
What Are the Potential Consequences of Failing to Pay Child Support in New York?
Whether you have recently lost your job or suffered a health condition resulting in costly medical bills, these financial hardships can make it challenging to fulfill your child support obligation. However, even if you have valid reasons for not being able to make your child support payments, you’re still required by law to pay it to provide financial support to the custodial parent to cover your child’s necessities. Nevertheless, if you prove a substantial change in your circumstances, it may warrant modifying your existing support order.
To ensure the best interests of a child, the Child Support Enforcement Act of 1984 was enacted as a federal law, authorizing the court to collect arrearages and to impose penalties on the non-custodial parent for failing to uphold their support obligation. That said, if a non-custodial parent fails to pay child support in New York, you will face the following penalties:
- Garnished wages
- Interception of unemployment insurance
- Interception of tax returns
- Driver’s license suspension
- Suspension of a professional license
- Place a lien on your residence or other property
- Freeze bank accounts
- Filing a civil contempt order (result in jail time or a diversion program)
Can I Lose Custody or Visitation Rights?
It’s a common misconception that if you fail to pay child support, you will lose custody or visitation rights. However, that’s not the case. Custody and visitation rights are completely different from child support. Therefore, a custodial parent cannot withhold their child from spending time with the non-custodial parent on the grounds of failure to pay child support. Ultimately, child support does not influence custody.
If you can no longer afford to make your child support payments, please don’t hesitate to contact a trusted Nassau County child support lawyer from the Law Offices of Eyal Talassazan, P.C., who can help you understand your legal options. Allow our firm to represent your interests today to maximize your chances of achieving a favorable outcome.