Family Court Act, Article 4, Support Proceedings Part 5, § 457: Order of Sequestration on Failure to Obey Support Order

If you are seeking child support from your child's non-custodial parent, you must petition Family Court for a support order. The process starts with you submitting a child support petition seeking an order requiring the non-custodial parent, the respondent, to pay child support. Once you submit your petition and serve a summons to the respondent, a hearing will be held. If at the conclusion of the hearing the court signs an order requiring the respondent to pay child support, the respondent must do so. If the respondent fails to make payments as required by the order, the respondent will be in violation of the court order. Violating a court order to pay child support is quite serious. There are several steps that the court has the authority to take to enforce the support order, including suspending driving privileges licenses. For example, in accordance with Family Court Act, Article 4, § 458-B, a respondent's professional license can be suspended. Family Court Act, Article 4, § 458-C allows a respondent's recreational licenses to be suspended. In addition, under Family Court Act, Article 4, § 457, a respondent's property can be sequestered. An order of "sequestration" means that the court will seize the respondent's property. It will then sell the property or use income from the property to pay the support owed as described in Family Court Act, Article 4, § 429, sequestration of respondent's property. Proceeds and income from property seized may be use for:

• The education or maintenance of any of the children of a marriage, or
• The support of a spouse, or
• The respondent's expenses in bringing and carrying on said proceeding.

Sueko Omahen and James Omahen were in the process of divorcing. Sueko requested that the court sequester property owned by James as security for child support payments that were ordered by the court, but that James had not yet paid. The court declined to sequester James' property because James had not left the state and there was no indication that James had planned on leaving the state except for vacation. Omahen v. Omahen (N.Y. App. Div., 2003)

1. Sequestration of respondent's property: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 429
2. Powers of the court on violation of a support order: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 454
3. Probation: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 456
4. Enforcement of arrears; suspension of driving privileges: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 458-A
5. Child support proceedings and enforcement of arrears; suspension: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 458-B
6. Child support proceedings and enforcement of arrears; suspension of recreational licenses: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 458-C

If an order of support is made under this article and the respondent has failed to obey it and either leaves or threatens to leave the state, the court on application may issue an order of sequestration of his property within the state, providing that such property may be taken, sequestered and applied in like manner as is provided in § four hundred twenty-nine.

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 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: