New York Child Support Enforcement

Overview of New York Child Support Enforcement

New York has a comprehensive child support enforcement system designed to ensure that children receive the financial support ordered by courts. The system is governed by Domestic Relations Law § 241, Family Court Act § 454, and federal Title IV-D requirements.

Enforcement is primarily handled at the local level by Support Collection Units (SCUs), with statewide oversight by the Office of Temporary and Disability Assistance (OTDA). These agencies have powerful tools to locate non-paying parents, collect arrears, and enforce support orders.

Support Collection Unit (SCU) Services

Each of New York's 62 counties has a Support Collection Unit (SCU) that provides child support services under Title IV-D of the Social Security Act. SCU services include:

• Locating Parents: Using state and federal databases (employment records, tax returns, financial institutions, motor vehicle records) to find non-custodial parents.
• Establishing Paternity: Genetic testing and legal procedures to establish legal fatherhood when necessary.
• Establishing Orders: Petitioning courts to establish initial child support orders.
• Collecting Payments: Income withholding, intercepting tax refunds, and other collection methods.
• Distributing Payments: Processing and forwarding payments to custodial parents.
• Enforcing Orders: License suspensions, contempt proceedings, credit bureau reporting, and other remedies.
• Modifying Orders: Assisting with petitions to increase or decrease support based on changed circumstances.

Who Can Use SCU Services? Custodial parents receiving public assistance (TANF or Medicaid) are automatically enrolled. Any custodial parent can apply for SCU services, including those who have never received public assistance. There is generally no fee for custodial parents.

Primary Enforcement Methods

1. Income Withholding (Wage Garnishment)

Automatic for All Title IV-D Orders: Under FCA § 454-a, income withholding is automatic for all child support orders handled by the SCU. An Income Withholding Order is sent to the obligor's employer, directing the employer to deduct child support from the obligor's paycheck and remit it to the SCU.

Key Features:

• Employers must implement withholding within 14 days of receiving the order.
• Withholding applies to wages, salaries, bonuses, commissions, and certain disability/pension payments.
• Maximum withholding: 50% of disposable income if the obligor supports another spouse or child; 60% if not; 65% if arrears are more than 12 weeks old.
• Withholding has priority over most other garnishments except IRS tax levies.
• Employers who fail to comply can be held liable for the unwithheld amounts and face penalties.

2. License Suspension

New York can suspend various licenses when child support arrears exceed $5,000 or the obligor is four or more months behind, pursuant to DRL § 241 and Vehicle & Traffic Law § 510.

Types of Licenses Subject to Suspension:

• Driver licenses (most common)
• Professional licenses (medical, legal, accounting, nursing, real estate, etc.)
• Recreational licenses (hunting, fishing)
• Business permits and registrations

Process: The SCU sends a notice to the obligor offering three options: (1) pay the arrears in full; (2) enter an approved payment plan; (3) request a hearing within 60 days. If the obligor does not respond, the SCU notifies the DMV or relevant licensing board, which suspends the license. Reinstatement requires full payment or an approved payment agreement.

3. Tax Refund Intercepts

The SCU can intercept federal and state income tax refunds for obligors who owe child support arrears. This is one of the most effective enforcement tools:

• Federal Tax Refund Offset Program (FTROP): Administered by the U.S. Treasury. Intercepts federal refunds for arrears of $150+ (or $500+ for non-TANF cases).
• New York State Tax Refund Offset: Administered by OTDA and the New York State Department of Taxation and Finance. Intercepts state refunds for any amount of arrears.

Obligors receive advance notice before intercepts occur, and in joint tax returns, the non-obligor spouse can file an "injured spouse" claim to recover their portion of the refund.

4. Credit Bureau Reporting

Under federal law, the SCU must report child support arrears to credit bureaus (Equifax, Experian, TransUnion) if the arrears exceed $1,000. This can significantly damage the obligor's credit score, making it difficult to obtain loans, mortgages, or credit cards.

Negative credit reporting can be removed once arrears are paid down below the reporting threshold or fully satisfied.

5. Contempt of Court

Contempt proceedings under FCA § 454(3) are one of the most serious enforcement remedies. The court can find an obligor in contempt for willful failure to pay child support.

Elements of Contempt:

1. A valid support order exists.
2. The obligor had knowledge of the order.
3. The obligor had the ability to comply with the order.
4. The obligor willfully failed to pay.

Consequences:

• Criminal Contempt: Can result in up to six months in jail.
• Civil Contempt: Coercive incarceration until the obligor purges the contempt by paying a specified amount or demonstrating inability to pay.
• Probation, community service, mandatory employment programs, or other conditions.

Defense: Inability to pay due to genuine unemployment, disability, or other circumstances beyond the obligor's control is a valid defense to contempt. The burden is on the obligor to prove inability to pay.

6. Passport Denial

Under federal law (42 U.S.C. § 652(k)), the U.S. State Department will deny, revoke, or restrict passports for obligors who owe more than $2,500 in child support arrears. The OTDA submits qualifying cases to the federal Office of Child Support Enforcement, which certifies them to the State Department.

This remedy is particularly effective for obligors who travel internationally for work or leisure. To have passport services restored, the obligor must pay the arrears in full or enter an approved payment plan.

7. Financial Institution Data Match (FIDM)

New York participates in the Financial Institution Data Match (FIDM) program, which matches child support obligors against bank account records. When a match is found, the SCU can place a lien on or seize funds in the account to satisfy arrears.

8. Property Liens and Seizures

The SCU can place liens on real property (real estate) and personal property (vehicles, boats, etc.) owned by obligors with substantial arrears. If the obligor sells the property, the lien must be satisfied from the sale proceeds. In extreme cases, the SCU can force the sale of property to collect arrears.

9. Lottery and Gaming Winnings

Lottery winnings and casino gambling proceeds can be intercepted to satisfy child support arrears. New York lottery and casino operators are required to check winners against a database of child support obligors and withhold winnings if arrears exist.

Criminal Non-Support Prosecution

In addition to civil enforcement, New York Penal Law § 260.05 makes it a class A misdemeanor for a parent to fail to provide support for a child under the age of 21 when the parent has the means to do so. For willful non-support exceeding $10,000 or lasting more than one year, the charge can be elevated to a class E felony under Penal Law § 260.06.

Criminal non-support cases are typically prosecuted by the local District Attorney's office, often in collaboration with the SCU. Conviction can result in fines, probation, or imprisonment.

Interstate Enforcement

When the obligor and custodial parent live in different states, New York uses the Uniform Interstate Family Support Act (UIFSA) to enforce support orders. The SCU can register an out-of-state order in New York for enforcement, or register a New York order in another state. UIFSA ensures that only one valid order exists at a time and that orders are enforceable across state lines.

Federal enforcement tools (tax refund intercepts, passport denial, credit bureau reporting) apply to all interstate cases, ensuring that obligors cannot evade support by moving to another state.

Seeking Modification vs. Enforcement

If an obligor has experienced a genuine, substantial change in circumstances (e.g., job loss, disability, significant income decrease), the appropriate remedy is to petition for a modification of the support order, not to simply stop paying. Arrears continue to accrue even if the obligor cannot pay, and non-payment can trigger severe enforcement actions.

Learn more about the modification process in our New York Modification Guide.

Calculate Your Support Obligation

Understanding your support obligation is the first step to compliance. Use our free New York Child Support Calculator to estimate your CSSA guideline amount.

Frequently Asked Questions