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What Happens If My Ex-Spouse Won't Pay Child Support?


In New York State, it is assumed that both parents will support their child until the child becomes emancipated and/or reaches the age of 21. When one parent is ordered to pay child support, they are legally required to do so. In fact, a non-custodial parent could face serious legal consequences if they fail to uphold their end of the bargain—which applies to any facet of a divorce settlement. While the other parent may be apt to resolve the issue outside of court or let missed payments slide, it is important to understand that taking matters into your own hands is usually not the most effective solution.

If you and your ex-spouse maintain a friendly relationship, it may be a good idea to sit down with them and discuss the issue in a constructive manner; however, you should not hesitate to involve a Suffolk County family law attorney if they continue to neglect their child support obligations. Several measures can be taken to enforce the payment of child support in New York State, which include, but are not limited to, the following:

  • An "income execution" may be issued, requiring child support to be deducted from the payer's wages and given to the custodial parent;
  • A money judgment may be entered against the defaulting party;
  • The driver's license of the defaulting party may be suspended;
  • A professional, occupational or business license of the defaulting party may be suspended; and
  • A party who has wilfully failed to pay court-ordered child support may be committed to jail.

For these reasons, it may be within your best interests to enlist professional assistance when faced with an uncooperative or unresponsive ex-spouse. If your ex-spouse has routinely failed to provide the level of support that you and your child are owed, it is time for you to take action. Fortunately, you do not have to face this situation alone. The Suffolk County divorce lawyers at Rubenfeld Law Firm are here to help, but it is up to you to take the first step. Call our firm today at (631) 777-7200 or submit a free case evaluation form online to get started. From there, our experienced legal team can assist you in recovering the level of support that you and your child deserve.

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