Co-parenting is never easy—but when your ex refuses to pay court-ordered child support, it becomes even more overwhelming. You're left covering every expense while juggling the stress of dealing with a non-compliant co-parent. It’s not just frustrating—it can feel like you’re doing it all alone.
Here’s the good news: In New York, child support orders are legally enforceable. If your co-parent isn’t meeting their obligations, there are proven legal tools to help you recover what’s owed—while maintaining your focus on your child’s well-being.
Understanding Child Support Obligations in New York
In New York, both parents are legally required to support their children financially. When a judge issues a child support order—whether during a divorce or custody proceeding—it becomes a binding legal directive. Refusing to pay isn’t just unfair; it’s a direct violation of that order.
Support amounts are determined under the New York Child Support Standards Act (CSSA), which takes into account:
- Combined parental income
- Number of children
- Statutory percentages (e.g., 17% for one child, 25% for two, 29% for three)
Typically, the non-custodial parent pays the custodial parent to help cover the child's daily needs—housing, food, clothing, school supplies, and more. These payments are not optional, and falling behind can lead to serious legal consequences.
How to Enforce Child Support Orders in New York
If your ex stops paying, don’t wait to act. The longer the arrears build, the harder it can be to collect. Fortunately, New York’s Office of Child Support Services (OCSS) and local family courts offer a range of enforcement measures:
- Wage Garnishment: Automatically deducts child support from your ex’s paycheck.
- Tax Refund Intercepts: Seizes federal and state refunds to cover overdue support.
- License Suspensions: Can revoke driver’s or professional licenses until payment is made.
- Bank Account Seizure: Freezes or withdraws funds from bank accounts.
- Property Liens: Places a legal claim on real estate or other assets.
- Passport Restrictions: Denies or revokes passports if arrears exceed $2,500.
- Contempt of Court: Courts may issue fines or jail time for chronic non-payment.
These tools exist to help you secure the financial support your child deserves—without needing to confront your ex directly.
Maintaining Stability While Co-Parenting with a Non-Compliant Ex
Legal action is important—but so is protecting your peace. Co-parenting with someone who won’t meet their financial responsibilities can feel like an uphill battle. That’s why it’s critical to manage the relationship in ways that minimize stress and protect your child:
- Keep It Professional: Treat communication like business—brief, neutral, and task-focused.
- Use Co-Parenting Apps: Apps like OurFamilyWizard or TalkingParents keep conversations documented and reduce miscommunication.
- Avoid Escalation: Stay calm, even if your ex is trying to provoke a response.
- Keep Records: Document missed payments and all related communication. This helps build a strong case if legal action becomes necessary.
Your child benefits most when conflict is low and consistency is high. Focus on maintaining stability—even if the other parent isn’t doing their part.
Contact the Law Office of Anthony J. LoPresti Today
If your ex isn’t paying child support, you're not alone—and you're not without recourse. At the Law Office of Anthony J. LoPresti, we help parents across Long Island and New York assert their rights and take appropriate action to enforce support orders.
Don’t wait for things to get worse. Let’s talk about your options. Call us at (516) 252-0223 or fill out our online contact form.