My child’s other parent won’t pay child support. What can I do?

In New York State there are two ways to get a child support order enforced against a parent who is not paying:

1. You can start an administrative claim with the New York Office of Child Support Enforcement (OCSE)
   • OCSE will help you enforce the child support order and get child support payments through these actions (without going to court). OCSE can also help you find the other parent.
2. You can file a petition asking Family Court to enforce the order if:
   • you are still not getting payments after help from OCSE, and 
   • the other parent owes you more than $500 in child support.

A parent who doesn’t pay child support could:

• Have money automatically taken out of their paycheck
• Lose their car or house
• Get a lien put on their business or home, so if they sell the property, they have to pay the child support they owe first
• Have a money judgment entered against them, collecting interest
• Lose their driver's license or ability to travel outside of the country
• Have their tax refunds taken away 
• Face jail time

To file a claim with OCSE, you will need to:

• Email your local child support office (recommended) for more information
• OR call the New York State Child Support Helpline at 1-888-208-4485.

To file a petition with Family Court:

1. Fill out a “Support Violation Petition”

You can use LawHelp's free DIY Support Modification and Enforcement Tool to help you fill out the form. You will need:

• A copy of your child support order
• The name and address of the other parent
• The names, addresses, and birth dates of all the children involved

It is helpful to use supporting documentation, like pay stubs, tax returns, proof of child care expenses, and other financial information to help you fill out the form. If your case is about non-payment of day care or medical expenses, you can show emails or written communication asking the other parent for reimbursement.

The DIY Support Modification and Enforcement Tool asks questions and makes the form for you to give the court. Review the form, fix any mistakes, and print it.

2. File the form with the court

Take the printed form to the Family Court or Support Collection Unit (SCU) where your child support order was originally filed. Bring your supporting documents too. Give the form and documents to the court clerk .

3. Wait for a court date

The court will review your request and set a court hearing date. 

4. Attend the court hearing

At the court hearing, the judge will consider your request and any supporting documents you provided. The other parent can provide their own financial information and argue their case too. The judge decides whether the parent violated the child support order. 

5. The court order and follow-up

The judge also decides if the other parent didn't pay on purpose or by accident:

• If it was on purpose, it's called a "willful violation." The court will order the other parent to pay all the missed child support and the parent could go to jail for up to six months.
• If it was by accident, it's called a "non-willful violation." The court will order the parent to pay all the missed child support but they won't go to jail.

After the decision, the Family Court Judge will review the Support Magistrate’s decision in what is called a ”Confirmation Hearing.” You should attend the Confirmation Hearing too.