Child support obligations can feel overwhelming, especially if you’re struggling financially. However, failing to pay child support in New York can have serious legal and financial consequences. If you’re facing difficulties making payments or are unsure what could happen if you stop paying, it’s essential to understand your rights, responsibilities, and potential consequences. Read on and reach out to a Rochester family lawyer from Lacy Katzen LLP to learn about what can happen if you refuse to pay child support in New York. Here are some of the questions you may have:
Can I Go to Jail if I Don’t Pay Child Support?
Yes, it is possible to be jailed for failing to pay child support in New York. If the court determines that you willfully refused to make payments despite having the means to do so, you could face up to six months in jail. This is typically a last resort, but it can happen if arrears (unpaid child support) continue to accumulate, and you fail to take corrective action.
Before resorting to incarceration, the court will usually attempt other enforcement methods. Wage garnishment, tax refund interception, and asset seizure are common steps taken to recover unpaid child support. However, if these measures fail and the court finds that you are deliberately avoiding your obligation, jail time may be ordered.
What Other Consequences Could I Face for Unpaid Child Support?
Even if you aren’t jailed, the penalties for unpaid child support can be severe. The New York State Child Support Enforcement Unit (CSEU) has numerous ways to collect past-due payments, including:
- Wage Garnishment – Your employer may be legally required to deduct child support directly from your paycheck.
- Tax Refund Seizure – Any state or federal tax refunds you are owed can be intercepted and applied to your outstanding balance.
- Driver’s License Suspension – If your arrears exceed a certain amount, your driver’s license may be suspended until payments are made.
- Passport Denial – If you owe more than $2,500 in child support, you may be ineligible to obtain or renew a U.S. passport.
- Liens on Property – The government may place a lien on your property, including real estate, making it difficult to sell or refinance.
- Credit Score Impact – Unpaid child support can be reported to credit bureaus, negatively affecting your credit rating.
Each of these penalties can make daily life significantly more challenging, making it crucial to address child support issues as soon as possible.
What Should I Do If I Can’t Afford My Child Support Payments?
If you’re unable to make your child support payments, ignoring the problem will only make matters worse. Instead, take proactive steps to address the situation.
One of the best things you can do is request a child support modification. New York courts allow modifications when a parent experiences a substantial change in financial circumstances, such as job loss, disability, or significant medical expenses. You will need to provide proof of your financial hardship, but if approved, your payments could be reduced to a more manageable amount.
Additionally, if you’ve already fallen behind, consider working with a family law attorney to negotiate a payment plan. Courts are often more willing to work with parents who show good faith efforts to catch up on payments rather than those who avoid their obligations altogether.
For additional questions or if you’d like to speak with an attorney about your case, simply contact Lacy Katzen LLP today.
