Can My License Be Suspended if I Don’t Pay Child Support in NY?
Failure to pay child support is taken very seriously by courts on Long Island, New York. In addition to numerous ways to collect unpaid child support, such as garnishment, intercepting an income tax refund, liens, freezing your financial assets, etc. In addition, the state can take steps to encourage you to make your child support payments, including reporting you to credit bureaus, passport denial, and even suspending professional, occupational, business, or recreational licenses, permits, or registrations issued by the state. If this happens to you, you may be unable to work under that license in the state.
If you are a doctor, dentist, real estate agent, or other licensed provider, it can be very important for you to ensure child support payments are made on time or you may find yourself making the situation worse for yourself and your children.
Understanding New York Child Support Laws
New York State laws allow the court to take various support enforcement actions when a parent falls behind on child support payments. This is done to encourage on-time payment. Typically, this action can be taken if child support is behind by more than four months.
The only way to rectify this situation and prevent the continued suspension of your license is to pay your past-due amount in full. The second option, if you cannot do that, is to file a claim form with the court within 15 days and ask the court to reconsider or to help you in any other way to get caught up.
This suspension may include:
- Business licenses to operate
- Professional licenses
- Recreational licenses, including fishing or hunting licenses
- Drivers license suspension
If you owe child support in New York, it is critical to either make payments or to work out an alternative solution with the court system.
What If You Cannot Make Child Support Payment in Full?
Our team of experienced child support attorneys on Long Island, NY, we may be able to help you take steps to get your child support payments modified so you can get caught up on payments. Child support agreements can be modified in New York in certain situations, but the burden of proving that this is a necessary step is up to you and your attorney.
Some examples of when the court may agree to such child support modifications include
- When there is a significant change in circumstances, such as a loss of employment
- The original agreement was in place for at least three years
- Your income changed by more than 15%
If all three of these situations are in place, then you may petition the New York child support court for a modification of your payments. Keep in mind this process can take some time, and you must meet all three of the above elements in order for the court to consider your modification.
Just Filing a Petition for Child Support Modification Is Not Enough
It is also very important to consider that just filing a petition to modify child support payments does not automatically make that change happen. It also does not automatically protect any action the court may take, including suspending your professional license. That is the case even when all there of those elements are present. You must prove that you have sought work and that you do not own any assets that could otherwise be used to settle the claim. If you need to reduce child support payments, you must show the court that there is no way for you to pay what you owe or to continue to pay the amount you owe.
How Can Our Long Island, NY Divorce Attorneys Help You?
One of the first steps our child support attorneys in Long Island, NY, will do is to determine what your legal rights are. If your professional license is suspended, you may not be able to work, which only makes it harder for the child to receive the support owed. By presenting that information to the court, you may be able to get some leeway in getting caught up on what you owe, allowing you to make payment.
It is critical to understand that in the eyes of the court, child support is the duty of both parents. Once an agreement goes into place, it is a breach of the court order if you fail to make payment. If you suspect you cannot make the payments you owe, we encourage you to contact our child support attorneys for immediate help now.
Let Our Child Support Attorneys in New York Help You
Whether you have already lost your license or you may be on the verge of doing so, our experienced Long Island, NY child support attorneys can provide you with immediate support and guidance. We encourage you to act now. Call to set up a free consultation and case evaluation with our legal team at 631-923-1910 to get the support you need. We will work to protect your right to maintain your license long-term.
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Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.
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About the Author
Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.
- Over 20 years practicing matrimonial law
- Over 1,000 cases successfully resolved
- Founder and Partner of Hornberger Verbitsky, P.C.
- Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
- Licensed to practice law in the State of New York
- New York State Bar Association member
- Nassau County Bar Association member
- Suffolk County Bar Association member
- “Super Lawyer” Metro Rising Star
- Nominated Best of Long Island Divorce Attorney four consecutive years
- Alternative Dispute Resolution Committee Contributor
- Collaborative Law Association of New York – Former Director
- Martindale Hubbell Distinguished Designation
- America’s Most Honored Professionals – Top 5%
- Lead Counsel Rated – Divorce Law
- American Institute of Family Law Attorneys 10 Best
- International Academy of Collaborative Professionals
- Graduate of Hofstra University School of Law
- Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University