How To Deal With An Ex-Spouse (Or The Other Parent) That Isn’t Paying Child Support

If your ex-spouse (or the other parent) isn’t paying child support, here is what you can do.

First, if you do not already have a child support order, then get one.  Typically, you can obtain a child support order by filing a petition in Family Court.  If you are the custodial parent, then the Family Court should be able to issue a child support order for you.

Second, when obtaining your child support order, you can have the Support Collection Unit (also known as the Child Support Enforcement Bureau) collect your child support for you.  If you already have a child support order, you can request that the Support Collection Unit now collect the child support for you.  The Support Collection Unit can help you collect your child support for you. 

Third, you can file a petition in Child Support stating that your ex-spouse is not paying his/her child support.  By taking your ex-spouse to court, for failing to pay child support, they face serious penalties.  By issuing these penalties, the goal is for your ex-spouse to start paying child support.

The Court can order the following penalties against the payor:

1. Garnish the person’s wages.  If the person receives any type of pay check, from an employer, the Court can garnish the person’s wages and you will then receive your child support.  If the person works “off-the-books”, then most likely, the Court will not be able to garnish the person’s wages.
2. Suspension of the person’s driver’s license;
3. Suspension of any professional or other licenses.  If you have a license to operate a business, the court can suspend your license;
4. Take any part of any future tax refunds; and/or
5. Order jail time.

If your ex-spouse is not paying you child support, there are many steps you can take to try to get your ex-spouse to pay you.  If you need help in getting paid, then contact David Badanes and the Badanes Law Office, PC.  Contact David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport and Uniondale.

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