My son's father refuses to pay his child support and is now chronically behind in payments. What are my options

Asked almost 2 years ago - Bronx, NY

We have an upcoming court date in New York, how can I make sure that his pay is garnished for past and future payments and have him violated for blatantly refusing to pay? He has told me he wasn't going to pay and that I could see what I get back if they garnish his tax return.

Attorney answers (4)

  1. Brianne Marie Carbonaro

    Contributor Level 11

    2

    Lawyers agree

    Answered . First of all, you should consult with a local family law attorney to discuss your options and help you through Court. I presume that you filed a Willful Violation petition and that is the court date that is pending? Make sure that you request payments be made through the support collection unit and/or wage garnishment order.

  2. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You can ask for collection through the Child Support Enforcement Unit.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Paul Karl Siepmann

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If you have a Violation Petition pending, you can tell the Judge/Support Magistrate that you want him incarcerated. They may not do that, but having the request out there may get him to cough up some cash and pay in a timely manner.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  4. David Ivan Bliven

    Pro

    Contributor Level 20

    Answered . Well, they won't "garnish" his tax return (solely), they'll garnish his wages, so long as he has an on-the-books job. Your best bet is to also have the support paid through Support Collection Unit, who can seize any tax refund automatically. In any event, if you're looking for a free follow-up consultation with a Family Law attorney, please feel free to call my Bronx office at 718-725-9600.

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