What happens to unpaid child support arrears?

In New York, when child support is not paid as it is ordered by the court, the parent who is due the money will have the option to collect the non-payment or “arrears” through a number of methods. The custodial parent (the parent with primary custody of the child) can petition the court for an enforcement order, which requires the non-paying parent to pay the arrears in a set amount and on a specific schedule. If the non-paying parent then does not comply with the order, the court may then choose to take other measures to enforce the order, such as: wage garnishment, seizing the non-paying parent’s income tax refund, suspending the non-paying parent’s driver’s license and professional license, revoking the non-paying parent’s passport, placing the non-paying parent in jail, and more. Additionally, the non-paying parent will likely incur interest and/or attorney fees and costs. Ultimately, it is the court’s job to enforce child support Orders and make sure that the child support arrears are paid in the appropriate way.

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