Family Court Act, Article 4, Support Proceedings Part 2, § 424: Probation services
In some instances it is difficult to establish, modify, or enforce a child support obligation. This is sometimes due to a contentious relationship between the child's parents, the fact that the non-custodial parent is unemployed, seasonably employed, or has a limited income, because the whereabouts of the non-custodial parent are unknown, or for a number of other reasons. However, New York has resources that may help. One such resource is the Department of Probation. Under Family Court Act, Article 4, § 424, a local probation service may provide services to you if you are seeking to establish, modify or enforce a support obligation. However, the local probation service must have a contract with the social services district to perform support collection services as required by Social Services Law § 111-h.Example
Edna petitioned the Family Court for a child support order. The petition named respondent Hank as the father of Edna's 2-year-old daughter. A child support order was issued. However, after several weeks Edna still had not received any money from Hank, and she could not find him. One option Edna has is to seek the help of the local probation service to help with the enforcement of the support order.Related Statutory Provisions
- Married person's duty to support spouse: New York Family Court Act, Article 4, Support Proceedings, Part 1, § 412
- Parents' duty to support child: New York Family Court Act, Article 4, Support Proceedings, Part 1, § 413
- Petition; prior demand not required: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 423
- Agreement to support: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 425
- A local probation service may provide services to a party seeking to establish, modify or enforce a support obligation where there is a contract with the appropriate social services district for the performance of support collection services under § one hundred eleven-h of the social services law.
- A local probation service may provide services to persons ordered to pay support seeking to modify such orders.
- The probation service may not prevent any person who wishes to file a petition under this article from having access to the court for that purpose nor may the probation service compel any person to appear at any conference, produce any papers or visit any place.
If you have a concern related to the establishment, modification or enforcement of child support, it is important that you contact someone with experience. Sometimes it is difficult to collect child support even after a child support order has been issued. However, an experienced New York Child Support Lawyer will have the knowledge and resources to help ensure that you collect the support as ordered. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York Family Court in matters related to child support enforcement, child support reduction, and other types of issues related to support. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those involved in child support matters in the following locations: