As a parent, it can be frustrating when child support payments are delayed or not made. Without regular and timely payments, the financial stress and uncertainty may feel overwhelming. When the other parent fails to meet their legal obligation, your child/ren’s needs may go unmet, putting their future at risk.
At Colwell Law Group, we help parents in your situation to pursue the child support their child/ren are legally entitled to. A skilled Saratoga Springs child support enforcement lawyer may use the legal system to hold the other parent accountable and require them to make payments in full and on time. Working with an experienced child support attorney may reduce the stress involved so that you can focus on your child/ren’s needs.
In New York, child support is calculated using the Child Support Standards Act under the New York Family Court Act § 413. This law calculates the financial responsibility of each parent based on their individual income and the number of children involved. However, when the non-custodial parent fails to comply with the Court’s Order, then child support enforcement, typically with the help of an attorney, becomes necessary.
The Court has several legal procedures to force child support payment, including:
Under N.Y. Family Court Act § 454, if the Court finds that the parent violated a child support Order on purpose, it may add additional penalties against the non-paying parent, such as probation or jail time for up to six (6) months. These laws exist to protect the best interests of the child/ren and encourage compliance. A Saratoga Springs attorney with experience in child support enforcement may help answer any questions you may have about the potential outcome of your case.
An attorney may help you by working through the Family Court or the Supreme Court of the State of New York, depending on whether child support was originally ordered as part of a divorce. In divorce cases, N.Y. Domestic Relations Law § 240 governs the authority of the Supreme Court to enforce or modify child support requirements.
Circumstances can also change. If a parent’s financial situation has significantly changed, that parent may be able to request an amendment to the existing Order. Legally valid reasons for modification include a substantial change in income (either an increase or decrease), new expenses related to the child/ren’s education or medical needs, and a substantial change in custody or parenting time.
At Colwell Law Group in Saratoga Springs, our team of knowledgeable child support enforcement attorneys may help you file a petition for modification and advocate for an outcome that protects your child/ren’s needs.
If your support Order is handled through the New York State Division of Child Support Enforcement (DCSE), there are protections available. The New York DCSE has the authority to collect, monitor, and distribute child support payments. This includes garnishing lottery winnings, rejecting passport applications, and informing employers.
However, this state-run agency does not eliminate the need to hire a Saratoga Springs attorney experienced in collecting unpaid child support, particularly when Court action is required against a non-paying parent. Colwell Law Group’s team has years of experience helping parents successfully recover unpaid child support.
Unpaid child support can jeopardize your child/ren’s future. At Colwell Law Group, we are committed to helping you hold the other parent accountable through all available legal options. A Saratoga Springs child support enforcement lawyer may help you take swift action to enforce or modify an existing Order.
Take the first step toward securing your child/ren’s financial stability. Contact us today to schedule a complimentary consultation and learn how we may be able to assist you.
Colwell Law
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(518) 462-4242
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