In New York, parents subject to child support agreements must understand the serious repercussions of failing to make payments. New York statutes strictly enforce these agreements to ensure children receive necessary financial support from both parents. Non-payment can lead to severe penalties that impact various aspects of a parent’s life. Continue reading to learn more about these issues and why it’s important to consult our seasoned Long Island Criminal Lawyers to understand your legal options.
Can a Failure to Pay Child Support Result in Jail Time in NY?
Yes, you can go to jail for not paying child support in New York. However, this is only the case if the court determines your failure to pay was willful. If the court fines you can pay child support but deliberately refuse to do so, you may be found in willful contempt of court. If you are found in contempt of court for willful nonpayment, you will face up to six months of jail time.
It should be noted that a judge can issue a warrant for your arrest and detain you until the issue is resolved. After your arrest, the court can set a “purge amount,” which refers to the amount of arrears, penalties, and interest you must pay to be released.
What Other Penalties Can I Face if Accused?
If you fall behind on your child support payments, the order may be increased up to 50% above the court-ordered amount until all arrears are paid off. If you are expecting a federal or state income tax refund, it can be seized to pay off past-due child support. The OCSE (Office of Child Support Enforcement) can also seize delinquent parents’ financial assets ot fulfill past-due support obligations.
Your driver’s license can also be suspended if the amount owed in child support is equal to or greater than four months of the current obligation amount, excluding retroactive support, and you are not paying by payroll deduction. The suspension will not be lifted until all delinquent money that is owed is entered into a payment arrangement or employment information is provided, which will result in wage garnishments for child support. Under limited circumstances, the DMV can grant noncustodial parents’ requests for a restricted driver’s license that enables them to travel only to and from work.
Furthermore, you can face restrictions on new and renewed professional licenses, your credit rating can plummet, and the State Department can deny a passport to a new or renewal applicant if at least $2,500 is owed in child support.
As you can see, ignoring your child support obligation can result in severe consequences. For more information, please don’t hesitate to contact an attorney at Castro & Trodden, LLC.
