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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 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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Randy S. Margulis
Member

As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Senior Associate

Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…

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    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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  • lawyers
    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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  • lawyers
    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

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    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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  • lawyers
    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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