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534 Delaware Ave, Suite 433, Buffalo, New York 14202 | 19 Limestone Drive, Suite 9, Williamsville, New York 14221

Call now for an initial consultation 716.886.9600

Call now for an initial consultation 716.886.9600

When Your Ex-Spouse Fails to Pay Child Support

Rapper Flavor Flav recently avoided being put in jail by an Albany court by finally paying $25,000 of the more than $111,000 in back child support he owes to the mother of his three children. Celebrities sometimes provide poor role models, making it more difficult to enforce child support laws.  If your spouse refuses to pay child support, there are a variety of ways to have a support order enforced. New York State’s child support enforcement program has put in place aggressive administrative procedures that facilitate collecting from a delinquent non-custodial parent without the need to go back to court.

  • Income withholding. Through Income Execution or Unemployment Insurance Benefits Intercept, child support may be deducted from wages or unemployment insurance. New York State lottery winnings may also be seized.
  • Tax intercept.  Tax refunds may be seized through the Federal Tax Refund Offset Program and through the New York Department of Taxation and Finance.
  • Seizure of assets. Once properly identified, bank accounts, investments and other property may be frozen and seized to satisfy overdue child support.
  • Liens.  Liens may be placed on a delinquent parent’s real estate, personal injury and workers compensation awards.
  • Penalties.  Other methods used to encourage cooperation include drivers license suspension and reporting to the credit bureaus.  In addition, the New York State Division of Child Support Enforcement and the U.S. State Department may prevent a delinquent noncustodial parent from renewing or obtaining a passport.

When all else fails, a court order may be sought to put your ex in jail — a method that is generally successful in facilitating payment as demonstrated in Flav’s case.  The Law Offices of Randy S. Margulis and Associates has been very successful assisting clients in enforcing child support orders through all of the methods noted above and can find a prompt solution for you. Call our office today for assistance.

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