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Can My License Be Suspended if I Don’t Pay Child Support in NY?

Can My License Be Suspended if I Don’t Pay Child Support in NY?

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.

Free New York Divorce Lawyer Consultation

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.

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

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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
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

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

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

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.

Free New York Divorce Lawyer Consultation

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. 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.

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.

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 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 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.

 

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

* indicates required

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
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Do I Need Life Insurance Before Getting a Long Island, NY Divorce?

Do I Need Life Insurance Before Getting a Long Island, NY Divorce?

Do I Need Life Insurance Before Getting a Long Island, NY Divorce? 

Do I Need Life Insurance Before Getting a Long Island, NY Divorce?

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What Is a Child Support Debit Card on Long Island?

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New Debit Card Simplifies Child Support Payments

What Is a Child Support Debit Card on Long Island?

In the past, child support was typically paid by way of paper checks, usually mailed from the payer to the recipient. Then, direct deposit became available and child support funds could be deposited electronically directly into the bank account of the recipient. For example, if the payer’s wages are garnished, those funds are then wire transferred to the recipient’s account.

Now, New York has a special debit card available that allows you to have child support payments loaded directly onto a debit card. Here’s what to know about using a child support debit card on Long Island and how an experienced divorce and family law attorney can provide you with assistance.

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Why Do Courts Deny Child Support Modification?

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Why Do Courts Deny Child Support Modification?

Child support orders in New York are created to remain effective and unchanged from the court order until the supported child becomes legally emancipated or reaches the age of 21, whichever comes first. However, most divorced parents experience a change in their finances or the material needs of their child before the child support order before the end of its effective life. When this happens, one or both of the child’s parents may believe that the child support may need to increase or decrease from the original court order.

Here are several reasons Long Island courts will refuse to modify a child support order and what you can do to improve the chances your Child Support Modification case will be successful.

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Here’s what you should know and when to seek the support of an experienced Long Island child support lawyer.

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How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

As most Americans adapt to a new reality in the wake of the Coronavirus (COVID-19) pandemic, in particular social distancing, mandatory business closures and work from home, school closures, job layoffs, shortages of food and essential supplies, etc., there are lot of questions that need to be answered. For the first time in a long time, many of us are having to take care of our children (and maybe even perhaps our parents or grandparents) full-time.

Coronavirus Impact on Child Custody Orders

If you are not married or in an intact relationship with your children’s other parent, you may have a Child Custody Order and are wondering whether or not you have to send your children to visit the other parent. If you are the noncustodial or nonresidential parent, you may fear that you are going to go a prolonged period of time without seeing your children if the Federal or New York State governments issue a mandatory quarantine or stay in place order.

Coronavirus Impact on Child Support Orders

If you have a Child Support Order and you lost your job or your hours were cut back and you are starting to struggle to make ends meet, you may be asking whether or not you have to continue to pay child support. Conversely, if you rely on child support to care for your children, provide for their support, food, clothing, shelter activities, etc., you may be afraid that the other parent is going to stop paying altogether.

In this article, we answer the foregoing questions, as well as others you might have surrounding your Child Custody and Child Support obligations at this unprecedented time.

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How to Divorce with a Special Needs Child on Long Island

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Deciding to get a divorce is difficult, and sharing a special needs child with your ex-spouse can exacerbate every aspect of the situation. Here’s how you can navigate dissolving your marriage when you have a child with special needs and how to get help protecting your family as you close one chapter of your lives and open a new one. (more…)

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If a Long Island court orders you to be paid child support, it must be paid on time and in full according to the order. If you are a recipient of child support and your support has gone unpaid or partially paid, this post will help you understand your rights under New York law and what your next step should be. (more…)