What Happens If You Stop Paying Child Support In New York

by ECL Writer
What Happens If You Stop Paying Child Support In New York

In New York State, child support is a legal obligation that is taken very seriously. If you stop paying child support, there can be serious legal and financial consequences. Here’s what could happen if you stop paying child support in New York:

Enforcement Actions

The New York State Child Support Enforcement Unit (CSEU) can take various actions to enforce child support orders. These actions can include garnishing your wages or tax refunds, placing a lien on your property, seizing your bank account, suspending your driver’s license, or even filing criminal charges.

Interest And Penalties

If you fail to pay child support, interest, and penalties will accumulate on the unpaid balance. The interest rate is set by the court and can be as high as 9% per year. Penalties can include fines, fees, and even jail time.

Credit Damage

Failure to pay child support can also negatively impact your credit score. Child support arrears can be reported to credit bureaus and can result in a lower credit score, which can make it difficult to obtain credit or loans in the future.

Custody Issues

If you are not paying child support, the custodial parent may seek a modification of the custody arrangement. This could result in the non-paying parent losing custody or visitation rights.

Legal Fees

If the custodial parent takes legal action against you for non-payment of child support, you may be responsible for their legal fees as well as your own.

Arrest

In extreme cases, failure to pay child support can result in a warrant for your arrest. If you are arrested, you may be required to pay a bond to be released from jail.

It is very crucial to keep up with child support payments in New York State. Failure to pay can result in severe legal and financial consequences. If you are having trouble making your child support payments, it is important to speak with an attorney or the CSEU to discuss your options.

Does NYS Child Support Automatically End?

Child support is a legal obligation that a non-custodial parent must fulfill to provide financial assistance for the care and upbringing of their child. In New York State, child support does not automatically end. Instead, it is terminated in certain circumstances or when the child reaches the age of 21.

The New York State Child Support Standards Act (CSSA) sets forth the guidelines for determining child support payments in New York State. The CSSA provides that child support payments continue until the child reaches the age of 21, or until the child is emancipated, whichever occurs first. Emancipation occurs when the child is no longer under the control or authority of their parents and is able to support themselves financially. Emancipation can occur in several ways, including:

  • Marriage: If the child gets married before the age of 21, they are considered emancipated.
  • Military service: If the child joins the military before the age of 21, they are considered emancipated.
  • Full-time employment: If the child is employed full-time and is able to support themselves financially, they may be considered emancipated.
  • Court order: In some cases, a court may order that a child is emancipated if it is deemed to be in their best interests.

If the child is not emancipated before the age of 21, child support payments will continue until the child reaches that age, even if they are attending college or living independently. However, there are exceptions to this rule. For example, if the child is disabled, child support payments may continue beyond the age of 21.

It is important to note that child support payments do not automatically end when the child reaches the age of 21. The non-custodial parent must file a petition with the court to terminate child support payments. The court will then review the circumstances and determine whether to terminate the child support order.

In some cases, the custodial parent may request that child support payments continue beyond the age of 21. This may be the case if the child is disabled and unable to support themselves, or if they are attending college or graduate school. In these cases, the non-custodial parent may be required to continue making child support payments.

It is also possible for the non-custodial parent to request a modification of the child support order if their circumstances have changed since the order was issued. For example, if the non-custodial parent loses their job or experiences a significant reduction in income, they may be able to petition the court to reduce their child support payments.

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