Westchester County Failure To Pay Child Support Attorney
When a parent fails to pay the child support ordered by the court, New York law provides for the enforcement of child support orders. If you need to have a child support order enforced, speak at once with an experienced Westchester County failure to pay child support attorney at Kimberly Pelesz New York Law, LLC. We will employ every available legal tool to obtain justice for our clients and their children. Possible legal actions include but are not limited to wage garnishments, seizure of tax refunds, and seeking a contempt of court charge against a delinquent parent. Nothing is a higher priority than your children, their well-being, and their needs. Contact Kimberly Pelesz New York Law, LLC and get the legal help you need for your children – promptly.
WE HELP NEW YORK PARENTS
Our Westchester County failure to pay child support attorneys help New York parents obtain court orders for child support, and we make sure those orders are enforced. If you aren’t receiving court-ordered payments and you need enforcement, speak to an experienced Peekskill family law attorney with the skill and expertise to advocate effectively for you and your children. Don’t wait to make the call. If you are a supporting parent who is delinquent for a good reason – for example, your employer has reduced your hours, or you’ve been injured – you must request a support order modification. Call us if you need a child support order modification for any reason.
CONTEMPT OF COURT FOR FAILURE TO PAY CHILD SUPPORT
When a parent fails to pay child support that has been ordered by the court, he or she can be held in contempt of court if the receiving parent requests a hearing with the judge. The supporting parent will be alerted to the hearing and asked to present evidence to justify why the payments have stopped. If the supporting parent chooses not to show up to the hearing, the judge may issue an arrest warrant for failure to appear in court.
At the hearing, the supporting parent must prove to the judge that missing the payments is not a willful violation. This means showing the judge that there is a reason for the missed payments, such as a sudden loss of employment or serious illness that has greatly impacted his or her life.
But, simply having evidence that you lost your job or became ill is not enough to get out of trouble with the judge. You must show why you stopped paying instead of requesting a modification, which is the proper protocol for this situation. If you were in the midst of filing a petition for modification, this evidence should be brought to court to prove that you were trying to do the right thing.
After the judge has heard the supporting parent’s story, he will decide how to handle the situation. The judge can put the supporting parent in jail for missing payments, although this is usually a last resort as an incarcerated parent cannot earn an income to support the child. Instead, the judge will usually create a plan on how the supporting parent will repay the missed payments. The court can withhold income or put a lien on the property in order to guarantee that payments will be made.
It is always in you and your child’s best interest to make child support payments on time. But, if you find yourself in a situation where you have failed to pay or you are dealing with a parent who refuses to pay, contact an experienced Westchester County failure to pay child support attorney as soon as possible. It is essential that you have an attorney at your side during the hearing, whether you are the supporting or receiving parent.
METHODS OF CHILD SUPPORT COLLECTION
After a hearing, the judge will form a plan to recover the missed child support payments. If you do not hand over the payments up front, the court has the power to make sure that payments are made. This can be done a number of ways.
A copy of the court order may be sent to your employer so the employer withholds a portion of your paycheck that will be allocated to child support. The withheld money will either be sent directly to the custodial parent or to a state agency who will handle the distribution of funds. The court can also withhold wages if your primary source of income is a retirement fund or unemployment benefits.
If garnishing your wages does not cover the missed child support payments, the judge also has the power to seize your property. Property such as cars, boats, motorcycles, houses, corporate stock, rents payable to you and accounts receivable are all at risk of being seized if you owe child support.
The receiving parent may also petition the court to have your IRS tax refund withheld and allocated to child support. If the petition is granted, the refund money will be sent directly to the receiving parent to satisfy the child support order.
There are many ways in which the court can make sure that the supporting parent pays what is owed. If you are dealing with missed child support payments, contact an experienced Westchester County failure to pay child support attorney as soon as possible.
CALL US FOR THE LEGAL HELP YOU NEED
Our attorneys understand the anxiety and frustration provoked by child support disputes, and we can advocate aggressively on your behalf. Contact Kimberly Pelesz New York Law, LLC promptly for a free initial consultation if you are not receiving the child support payments that the court ordered or if you need a support order modification for any reason. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County failure to pay child support attorney can help you, email us or call us promptly at (914) 402-4541.