Can You Go to Jail for Not Paying Child Support in NY?

For many custodial parents in divorced households on Long Island, NY, child support is a major, even essential, financial component. Courts in Nassau County and Suffolk County, NY take child support very seriously. If the court orders it to be paid, and the parent fails to do so, they can be held in contempt of court. One question some people wonder about, though, is whether you can go to jail for not paying child support under New York state laws.

At Hornberger Verbitsky, P.C., we encourage you not to waste time if you are struggling to make child support payments to your ex for the care of your children. You have options. Our team of experienced child support attorneys can help you navigate the legal options you have for getting financial relief in these situations. Just reach out to us at 631-923-1910 for immediate help.

Understanding Child Support in NY

In New York, child support is a critical aspect of family law, ensuring that children receive financial support from both parents. The state takes a firm stance on child support enforcement, and parents who fail to pay can face severe consequences. Child support payments are typically calculated based on the income of both parents, the number of children, and the amount of time each parent spends with the child. In NY, child support is usually paid until the child turns 21, unless the child is emancipated or becomes self-sufficient. This financial support is essential for covering the child’s basic needs, including housing, food, education, and healthcare. The goal is to ensure that the child’s standard of living is maintained, regardless of the parents’ marital status.

Men Held at Rikers Island for Non-payment of Child Support

Typically, Rikers Island is the type of location where people who have committed serious crimes are held. However, it was recently reported that 10 men were held at the prison facility recently on civil charges. . Some parents may attempt to avoid paying child support, but this can lead to severe legal repercussions. The charge was failing to pay child support. Though there’s speculation on why this happened, the report from Gothamist found that these individuals spent as many as 23 hours a day in isolation for almost a month in November of 2023 for failing to pay child support.

To be clear, these men were not in solitary confinement but rather spaces that had shared day rooms that had phones and TVs within them. However, being locked up in New York for not paying child support is a real threat.

Could You Go to Jail for Not Paying Child Support in Long Island, NY?

The Human Resources Administration, which is a part of the NYC Department of Social Services, shares that there are numerous steps the court can take to punish those who fail to make payment. This includes garnishing wages, seizing a tax refund, seizing lottery prizes, and property execution. They can also suspend a driver’s license, report the nonpayment to credit bureaus, and refer the individual to the Division of Taxation and Finance. You may even have your passport suspended or revoked.

What Can Long Island, NY Courts Do to Child Support Delinquents?

The court has the legal right to issue an arrest warrant if a noncustodial parent does not appear in court for a violation hearing for nonpayment of child support. It can also issue an arrest warrant in situations where the noncustodial parent falls seriously behind on their required support payments. In extreme cases, the federal government can intervene, especially when significant arrears are owed or the non-custodial parent has relocated to avoid payment.

Most specifically, the court can require jail time of up to six months for willfully not paying child support. Willful nonpayment of past-due child support is a serious charge, and it is considered a federal offense. The court can request the District Attorney’s Office to seek out legal action and incarceration for those who have a substantial amount of accumulated nonpayment of child support. This typically is only done when other methods of nonpayment recovery do not work.

How to Avoid Jail for Unpaid Child Support

If you’re facing unpaid child support issues, it’s essential to take proactive steps to avoid jail time. First, communicate with the other parent and the court to explain your situation. Transparency can go a long way in demonstrating your commitment to fulfilling your support obligation. If you’re experiencing financial difficulties, consider seeking a child support modification to adjust your payments to a more manageable amount. Make timely payments, even if it’s not the full amount, to show your effort in supporting your child. Keeping records of all payments, including receipts and bank statements, is crucial for proving your compliance. If you’re unable to pay, seek assistance from a child support lawyer or a non-profit organization that provides financial assistance. Taking these steps can help you avoid severe penalties, including jail time, and ensure that you remain in good standing with the court.

Enforcing Child Support Orders

Enforcing child support orders is crucial to ensure that children receive the financial support they need. In NY, the Office of Child Support Enforcement (OCSE) is responsible for enforcing child support orders. If a parent fails to pay child support, the OCSE can take various actions, including wage garnishment, tax refund interception, and suspension of driver’s licenses. The court can also hold the non-paying parent in contempt, which may result in jail time. These measures are designed to compel compliance and ensure that children do not suffer due to unpaid child support. If you’re having trouble collecting child support, contact the OCSE or a child support lawyer for assistance. They can help you navigate the enforcement process and take the necessary steps to secure the financial support your child is entitled to.

What to Do If You Cannot Make Child Support Payments

In situations where you cannot make child support payments, reach out to an experienced Long Island, NY divorce attorney for immediate help. If you are struggling to comply with an existing child support order, it is crucial to seek legal advice immediately. If you are willfully not paying child support but have the means to do so, it is likely that the court will require you to make payment. Consider the following situations:

You lost your job and cannot pay your child support

Without income, or if you experience a significant drop in your income, it is of course a challenge to pay the expense of child support. If this happens to you, you need an experienced family law attorney to evaluate your case to determine if you are eligible to file a motion in court to get adjustments to your child support legal requirement. Remember, child support is a court order and it is a serious offense to willingly violate it.

Your ex’s financial situation has changed, and you do not want to pay child support

Child support is a court order to pay, and therefore, not doing so is a violation of that order. To avoid that, if a change in circumstances like this occurs, reach out to an experienced child support attorney for immediate help. They can petition the court for changes. That is much more likely to happen if you are in good standing with the courts. It is possible to reduce your child support payments on Long Island, New York.

Set Up a Free Consultation and Case Evaluation with Our Child Support Attorneys on Long Island, NY Now

Before you fall behind on child support or if your ex fails to make payments, reach out to our team of experienced Long Island, NY, child support attorneys. We will to go to work to protect your rights and help you get the child support you deserve or to get modifications to any agreements necessary.

It is possible to go to jail for nonpayment of child support. There are better ways to manage these difficult situations. Call Hornberger Verbitsky, P.C. at 631-923-1910 or fill in the short form on this page for a free consultation to learn more about how we can help you.