Family Court Act, Article 4, Support Proceedings Part 5, § 456: Additional arrears
New York Family Court is responsible for making determinations regarding support payments. The first step in making sure that the non-custodial parent of your child pays you child support is to go to petition Family Court for a child support order. Once you submit your petition and serve a summons along with the petition to person from whom you are seeking child support, also known as the respondent, there are several steps that the court has the authority to take to ensure that the respondent shows up in court for the child support hearing and complies with a support order. For example, if the respondent intentionally tried to avoid service of the summons to appear at the support hearing, the court may issue an arrest warrant, suspend the respondent's driving privileges, or seize the respondent's assets. Once a support order is in place, according to Family Court Act, Article 4, § 454, the court can enforce a child support order by deducting the payments from the respondent's paychecks.Related Statutory Provisions
- Powers of the court on violation of a support order: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 454
- Probation: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 456
- Order of sequestration on failure to obey support order: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 457
- Enforcement of arrears; suspension of driving privileges: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 458-A
- Child support proceedings and enforcement of arrears; suspension: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 458-B
- Child support proceedings and enforcement of arrears; suspension of recreational licenses: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 458-C
- No person may be placed on probation under this article unless the court makes an order to that effect, either at the time of the making of an order of support or under § four hundred fifty-four. The period of probation may continue so long as an order of support, order of protection or order of visitation applies to such person.
- The court may at any time, where circumstances warrant it, revoke an order of probation. Upon such revocation, the probationer shall be brought to court, which may, without further hearing, make any order that might have been made at the time the order of probation was made.
The consequences of failing to pay child support are serious. If you get behind on your child support payments you risk losing your driving privileges, having your property seized, or being arrested. 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 child support case. We serve those involved in child support matters in the following locations: