Home » Enforcing a Child Support Order on Long Island, NY: What Are Your Options?

Divorce and separation can strain even the most resilient families, but nothing is more frustrating than when one parent refuses to follow a child support order issued by Nassau County Supreme Court or Suffolk County Supreme Court in a Long Island divorce. Across Nassau and Suffolk counties, parents frequently face unpaid or delayed support that threatens their children’s financial stability. Fortunately, New York state law gives you powerful tools to enforce court orders and collect what you are legally entitled to receive to support your child or children.

At Hornberger Verbitsky, P.C., we help parents protect their families and ensure that child support orders are respected. Whether you’re owed a few months or several years of unpaid support, this comprehensive guide will explain your legal options, what to expect in Suffolk County Family Court or Nassau County Family Court, and how to make New York’s enforcement system work for you.

Key Takeaways from This Article

• Child support orders are enforceable court judgments; not suggestions.
• Nassau and Suffolk Family Courts offer free, efficient enforcement processes.
• The Suffolk County Child Support Enforcement Bureau (SCCSEB) and the Nassau County Office of Child Support Enforcement provide automatic collection, but attorneys can move faster.
• Wage garnishment, tax intercepts, and property liens are powerful remedies.
• Courts can suspend licenses or jail repeat offenders.
• Forensic accountants uncover hidden or under-reported income.
• Alternative Dispute Resolution may resolve disputes faster for cooperative parents.
• Interest on arrears (9%) increases quickly so it’s important not to delay taking action.
• Self-employed parents can’t hide behind shell companies or cash payments.
• Legal representation ensures compliance and protects your children’s future.

Understanding Your Child Support Order on Long Island

Before you file for enforcement, it’s important to understand exactly what your child support order requires. New York child support orders are detailed and legally binding. They outline:

• The Base child support amount
• A Payment schedule for child support payments
• Add-on obligations (e.g., medical insurance, child care, extracurriculars)
• Payment method which can be either directly or through the Suffolk County Child Support Enforcement Bureau or the Nassau County Office of Child Support Enforcement.

To prove a violation of child support payments, you will need to gather:

• The original child support order (or the most recent child support modification order)
• Payment history from your county’s Child Support Enforcement office or bank records
• Communications (texts, emails, letters) about missed or partial payments

If your order came from Supreme Court (as part of a divorce judgment), you may enforce it there. However, most parents use Family Court, which offers faster, cost-free enforcement services.

Filing an Enforcement Petition in Nassau or Suffolk County Step-by-Step

If your ex isn’t paying court-ordered child support, the process of filing a support enforcement petition in Nassau or Suffolk County Family Court is straightforward, however it does require you to be very accurate in your documentation and persistent.

Step 1: Choose the Right Court (Nassau or Suffolk)

• File your enforcement action in the county where the child lives. On Long Island, this is either in Nassau County Family Court (1200 Old Country Road, Westbury) or Suffolk County Family Court (in Riverhead or Central Islip).
• Even if your divorce was finalized in Supreme Court, Family Court has continuing jurisdiction over support enforcement.

Step 2: Complete Your Child Support Enforcement Petition

To fill out your child support enforcement petition you will need to include:

• The date and details of the existing order
• The amount owed and missed payment dates
• Any attempts to collect or contact the payor

Attach payment records from your county’s Child Support Enforcement office or your bank, if available.

Step 3: Serve the Other Parent with the Child Support Enforcement Petition

Once the petition is accepted, the court will issue a summons. The other parent must be served notice of the date and time of the hearing.

Step 4: Attend the Child Support Enforcement Hearing

You should bring with you:

• Certified copies of your order
• Payment documentation
• Testimony detailing your efforts to collect the unpaid child support

The child support judge may immediately issue an income execution (wage garnishment) or refer the case for contempt if nonpayment is judged to be willful.

Step 5: Enforcement Actions Begin

If the parent still refuses to pay, courts can escalate enforcement using one or more tools outlined below.

Understanding Support Collection Units in Nassau & Suffolk Counties

The Suffolk County Child Support Enforcement Bureau (SCCSEB) and the Nassau County Office of Child Support Enforcement handle (NCOCSE):

• Payment processing and recordkeeping
• Income-withholding notices to employers
• Tax refund intercepts
• Reporting to credit bureaus
• Administrative enforcement (license suspensions, passport denial)

SCCSEB and NCOCSE advantages:

• Payments are automatically tracked and recorded.
• You don’t have to handle direct contact with your ex.
• Enforcement happens even if you don’t have a lawyer.

SCCSEB and NCOCSE limitations:

• They can’t represent you in court or offer legal advice.
• They don’t pursue hidden income or assets beyond basic reporting.

That’s where a private attorney, like Hornberger Verbitsky, P.C. can step in to file contempt petitions, subpoena records, and compel payment directly.

Legal Tools to Enforce Child Support Payment in New York

1. Income Execution (Wage Garnishment)

The court can order an employer to withhold a percentage of the non-payor’s wages. These payments go directly to SCCSEB or NCOCSE and continue until all the child support arrears are fully paid.

2. Money Judgment & Property Liens

Arrears become a money judgment once confirmed. The custodial parent can file a lien on the non-payor’s real estate or other property, ensuring they will be paid if the property is sold or refinanced.

3. License Suspension

If a parent is four months behind, New York state can suspend the non-payor’s:

• Driver’s licenses
• Professional licenses (medical, real estate, etc.)
• Recreational licenses (hunting, fishing)

4. Tax Refund Intercept

State and federal tax refunds can be seized and applied to back support automatically through SCCSEB or NCOCSE.

5. Bank Account Seizure

New York’s Financial Institution Data Match (FIDM) program identifies accounts under the delinquent parent’s name and freezes funds.

6. Passport Denial

Federal law prohibits renewing or issuing a passport if child support arrears exceed $2,500.

7. Contempt of Court

If nonpayment is willful, judges can impose:

• Fines
• Attorney’s fees
• Jail time up to six months

Private Enforcement vs. State Enforcement

While SCCSEB or NCOCSE handle routine child support payment enforcement, hiring an attorney can provide additional leverage to ensure payment:

• Attorneys can file motions for contempt or money judgments faster.
• They can locate hidden assets or compel discovery.
• They can pursue spousal support arrears alongside child support as these often happen simultaneously.

In high-conflict or high-income cases, private legal representation often achieves results faster and ensures compliance with all aspects of the order.

Dealing with Self-Employed or Cash-Economy Parents

Many enforcement challenges arise when the paying parent is self-employed or works in a cash business. These cases require a strategic approach:

• Subpoenas for business bank accounts, invoices, and tax filings
• Review of lifestyle evidence (e.g., luxury vehicles, travel, social media posts)
• Expert forensic accounting to trace hidden income

Case Study: A Nassau county father claimed to make $30,000/year as a contractor, but his bank deposits exceeded $150,000. The court found him in willful violation and increased support retroactively.

Marital vs. Separate Property in Support Enforcement

Child support enforcement sometimes involves identifying which assets can be legally attached. While marital property is usually divided at divorce, separate property, including post-divorce earnings or personal investments, may still be seized to satisfy arrears.

Courts prioritize the best interests of the child over ownership disputes. If assets are held jointly with a new spouse, courts may limit seizure to the debtor’s portion but still require payment.

For more information, read Enforcement & Property Division in Long Island, NY Divorce

Valuation of Complex Assets on Long Island, NY

For parents with substantial wealth or business holdings, determining true income and asset value is critical. Suffolk and Nassau county courts may order expert valuations of:

• Business ownership interests
• Pension and retirement accounts
• Real estate and investment portfolios
• Stock options or deferred compensation plans
• Cryptocurrency or offshore accounts

Nassau and Suffolk county courts often use forensic accountants to verify that reported income aligns with lifestyle spending.

Read Dividing Retirement Assets in a Long Island Divorce: What You Need to Know

When Enforcement and Property Division Overlap

Child support and property orders often overlap, particularly when arrears are tied to asset transfers in the divorce judgment. When this happens, a coordinated enforcement strategy ensures no asset or payment escapes collection.

Case Study: In Suffolk County, a father failed to transfer a retirement account per QDRO and stopped paying child support. Suffolk County Family court combined enforcement actions and ordered both payment of arrears and pension transfer under threat of contempt.

Hidden Assets in Child Support Cases on Long Island, NY

Unfortunately, some parents try to hide income or transfer assets to evade support. Red flags include:

• New LLCs or consulting businesses post-divorce
• Large cash withdrawals
• Frequent transfers to family or romantic partners
• Undisclosed cryptocurrency wallets

Courts can order:

• Subpoenas to employers, banks, and investment firms
• Forensic audits of financial records
• Depositions to compel truthful testimony

Case Study: When a Suffolk County father was hiding unreported PayPal business income of $80,000/year the judge ordered back support and attorney s fees.

Alternatives to Litigation for Unpaid Child Support on Long Island

While litigation can be effective, not every case needs a courtroom battle. Many enforcement disputes are resolved through Alternative Dispute Resolution (ADR) methods.

Mediation

• A neutral mediator helps parties clarify arrears and create repayment plans.
• This is often a much faster and less expensive than litigating in court.

Collaborative Law

• Both parties and their attorneys commit to resolving issues outside court.
• This encourages openness and preserves co-parenting relationships.

Arbitration

• A private arbitrator makes a binding decision. This is ideal for high-asset cases seeking confidentiality.

Read Alternatives to Court: Mediation and Collaborative Law for Custody

Local Note: Nassau and Suffolk county judges often encourage ADR before litigation but remain firm with repeat violators.

Preventive Steps to Avoid Future Enforcement

The best way to avoid enforcement battles is to have an experienced Long Island divorce attorney set clear, enforceable terms in your divorce and child support agreement upfront:

• Require payments through SCCSEB or NCOCSE for automatic tracking.
• Include interest-on-arrears clauses in your divorce agreement.
• Document all communication about payments.
• Request cost-of-living adjustments (COLA) to avoid future disputes.
• Keep copies of every receipt and transaction.

Working with Nassau & Suffolk Family Courts

Nassau County Family Court:

1200 Old Country Rd., Westbury, NY

Suffolk County Family Court:

400 Carleton Ave., Central Islip, NY, and 889 E. Main St., Riverhead, NY

Tips for success when appearing in either county court:

• Arrive early and bring multiple copies of all documents.
• Dress professionally. First impressions matter.
• Address the Support Magistrate respectfully and stay factual.
• Don t interrupt the other side; your attorney will respond effectively.

What Happens After You File

Depending on the evidence, the court may:

• Enter a money judgment plus 9% interest.
• Issue an income execution.
• Order account seizures or tax intercepts.
• Schedule compliance hearings to monitor progress.
• Refer the case for criminal enforcement under NY Family Court Act § 454.

Persistent violators may even face incarceration for willful disobedience.

Protect Your Family by Enforcing Child Support on Long Island

When a parent refuses to meet their obligations, child support enforcement is essential to protect your child s financial security and uphold the integrity of court orders. Nassau and Suffolk County courts, along with New York s Support Collection Unit, provide strong tools to ensure compliance but success often requires persistence, documentation, and skilled legal guidance.

At Hornberger Verbitsky, P.C., our legal team of experienced divorce and family law attorneys have helped hundreds of Long Island families recover unpaid support, hold non-compliant parents accountable, and restore peace of mind. Whether you need help filing a petition, enforcing an arrears judgment, or uncovering hidden assets, our experienced attorneys will stand by your side every step of the way.

📞 Call 631-923-1910 or contact us to request your free consultation and case evaluation