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The court may issue an arrest warrant if the noncustodial parent fails to appear in court for a violation hearing or falls seriously behind in child support payments. In certain cases of willful nonpayment of child support, the delinquent parent may go to jail for up to six months.
If you are owed more than $500 in arrears, you can file an enforcement proceeding in Family Court, or an action in Supreme Court (divorce court) for enforcement against the non-paying parent. This is called a violation petition.
Yes, you can sue for back child support in NYC. The statute of limitations for collecting back child support in New York is 20 years. This means that you can file a lawsuit to collect back child support for any amount owed for up to 20 years from the date the support was due.
The child support case can be dropped only when the child matures to 21 years of age or is emancipated before 21 due to significant life events. In that case, the non custodial has to file a termination petition with the NY Family Courts to stop the payments.
The state has strict laws in place to protect the rights of children and ensure that they receive the support they deserve. If you are a parent who is not receiving child support, it is important to take action to enforce the court order and hold the non-paying parent accountable.
If you fail to support your child you risk being convicted of a crime and being sent to jail.
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.
Either the custodial parent who receives child support can petition Family Court for a modification?usually an increase, or the noncustodial parent who pays child support can petition Family Court for a change--- usually a decrease.