How do you report someone for not paying child support

Enforce support

The Friend of the Court is responsible for enforcing child support orders. Many enforcement methods (described below) can be used if a parent does not follow terms of the order.

An income withholding order can be used to collect both current and past-due support (arrearages). All new and modified child support orders are required to include income withholding, unless both parents and the court agree on other payment methods.

Under income withholding, child support and medical support payments are deducted from the non-custodial parent's paycheck. The employer sends the support payments directly to the Michigan State Disbursement Unit (MiSDU). Federal and state laws require employers to honor income withholding orders.

A parent's income from other sources, such as unemployment benefits, Social Security benefits, independent contracting, workers' compensation claims, and insurance claims are also subject to income withholding.

If the amount of past-due support (arrearages) reaches a certain level (threshold), both federal and state tax refunds can be intercepted to pay support.

The past-due threshold for state tax refund offset is $150. The federal past-due threshold is $150 for cases that receive cash assistance; the non-cash assistance threshold is $500.

For both state and federal tax refund offset, the person who owes the support receives a notice explaining his or her right to object to the tax refund offset and reasons to object. In a joint tax return, a spouse may make a claim to retain his or her portion of the refund.

A person who has not paid child support or has not provided medical support can be ordered to appear before the court to explain to the court why he/she should not be held in contempt. This is called a show cause hearing.

If the person ordered to appear at a show cause hearing does not show up, the court may order a variety of enforcement actions, including issuing a bench warrant for the arrest of the person who did not show up for the show cause hearing.

The Friend of the Court or the Office of Child Support can initiate a lien/levy against real or personal property, financial assets, or insurance claims for collection of child support.

Driver's licenses, recreational or sporting licenses (hunting, fishing, etc.), and professional licenses can be denied, suspended or revoked if a parent is behind more than two months in payments.

If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency.

A parent's passport may be denied or revoked when he or she reaches the past-due support threshold of $2,500.

Enforcement of medical support is done through the National Medical Support Notice for employer-provided insurance or through any of the other enforcement methods listed if cash payments are required.

A Qualified Domestic Relations Order (QDRO) is a support order against a private pension account. An Eligible Domestic Relations Order (EDRO) is a support order against a state or federal government pension plan. A QDRO or EDRO can be issued for current support or past-due support (arrearages).

A judge may order a surcharge be added to a case that has arrearages. If a surcharge is ordered, it will be added to the case every January 1st and July 1st and become a part of the total amount of support owed.

The surcharge is a variable rate tied to five-year United States Treasury Notes, plus 1%.

The Friend of the Court can refer the case to the county prosecutor, who may charge the person who owes support with the crime of felony non-support. In some counties, the case may be referred to the Attorney General for criminal prosecution of felony non-support. Felony non-support charges are generally issued after other child support collection methods have not been successful. Custodial parents may also ask the county prosecutor or Attorney General for felony non-support prosecution.

For additional enforcement detail, review the Child Support Policy manuals.

NYS DCSS | Support Enforcement

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You can receive your payment information by phone at 1-888-208-4485 (TTY: 1-866-875-9975), Monday–Friday, 8:00 AM–7:00 PM.

The child support enforcement program has legislative authority to collect overdue child support (arrears) and to obtain medical coverage through a variety of administrative procedures. Administrative procedures can be put into action without going to court.

Before any administrative procedure is begun, a notice is sent to the noncustodial parent. The notice explains the procedure, provides a deadline and instructions to comply with or challenge the action, and explains the consequences of failing to comply. Several different kinds of enforcement actions may occur at the same time, based on the dollar amount of the debt or the length of time the debt has been accruing.

The following information is a summary of some of the administrative procedures that may be used to collect overdue child support.

Procedures to Collect Current or Overdue Child Support

The two administrative procedures described below, Income Execution (IEX) and Unemployment Insurance Benefits (UIB) Intercept, may be used to collect either current or overdue child support.

Income Execution (IEX)

Income Execution (IEX) is the process by which payments for current and/or overdue support are deducted from a noncustodial parent's wages or other income by the noncustodial parent's employer or income payor.

Unemployment Insurance Benefits (UIB) Intercept

Noncustodial parents who are receiving unemployment insurance from the New York State Department of Labor will have current and/or overdue child support payments automatically deducted from their UIB payments.

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Procedures to Collect Overdue Support

Income Tax Refund Intercept (Federal and State)

A delinquent noncustodial parent's federal and/or State income tax refund may be intercepted to pay overdue child support.

Credit Bureau Submission

The names of delinquent noncustodial parents may be submitted to the major consumer credit reporting agencies. As a result, the noncustodial parent may have difficulty obtaining a loan or other forms of credit until the overdue child support is paid.

Lottery Intercept

New York State lottery winnings may be intercepted to pay overdue child support.

Property Execution

Financial assets, including bank accounts, may be seized in order to satisfy overdue child support.

Driver's License Suspension

New York State driver's licenses may be suspended for a delinquent noncustodial parent.

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Passport Denial

The New York State Division of Child Support Services and the U.S. State Department work together to prevent delinquent noncustodial parents from renewing or obtaining a passport.

Liens

Liens may be filed against a delinquent noncustodial parent's real estate or personal injury claims or awards in order to collect overdue child support.

Tax Referrals

The names of delinquent noncustodial parents are sent to the New York State Department of Taxation and Finance (DTF). DTF can then apply specific tax collection remedies to collect the overdue child support.

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Procedure to Obtain Health Insurance Coverage

Medical Support Enforcement

When a court order for child support directs the noncustodial parent to provide health insurance coverage, a National Medical Support Notice (NMSN) is sent to the employer. The NMSN requires the employer to obtain the necessary health insurance on behalf of the noncustodial parent's dependent children.

Remember: Most of these enforcement procedures will not be used unless the noncustodial parent fails to pay child support.

Article 102. The procedure for collecting alimony and debt on maintenance obligations \ ConsultantPlus

This document is applied taking into account the features established by Federal Laws of 04/03/2020 N 106-FZ, of 10/07/2022 N 377-FZ, of 12/29/2022 N 573 -FZ, dated 08.06.2015 N 138-FZ.

Consultant Plus: note.

See also Chapter 17 of the Family Code of the Russian Federation on the issue of the procedure for collecting alimony.

Article 102. The procedure for collecting alimony and debt on maintenance obligations

Prospects and risks of disputes in a court of general jurisdiction. Situations related to Art. 102

- The recipient of the alimony disputes the decision of the bailiff on determining the amount of debt for alimony

- The payer of alimony disputes the decision of the bailiff on the determination of the amount of debt for alimony

or another person to whom it was sent in the cases specified in paragraph 1 of Article 9and paragraph 8 of Part 1 of Article 47 of this Federal Law, the executive document (copy of the executive document), indexes the alimony collected in a fixed amount of money in proportion to the growth of the subsistence minimum for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place residence of the person receiving alimony, and in the absence of the indicated value in the corresponding subject of the Russian Federation, in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population, established as a whole for the Russian Federation. On such indexation, these persons are required to issue an order (instruction), and the bailiff is obliged to issue a decision.

(as amended by the Federal Laws of November 30, 2011 N 363-FZ, of November 14, 2017 N 321-FZ)

(see the text in the previous edition)

the executor on the calculation and collection of alimony arrears based on the amount of alimony established by a judicial act or an agreement on the payment of alimony.

(Part 2 as amended by Federal Law No. 321-FZ of November 14, 2017)

(see the text in the previous edition)

3. The amount of debt on alimony paid for minor children as a share of the debtor's earnings is determined on the basis of the debtor's earnings and other income for the period during which no alimony was collected. If the debtor did not work during this period or documents on his income for this period were not submitted, then the alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection.

4. In the event that the amount of alimony arrears determined by the bailiff violates the interests of one of the parties to the enforcement proceedings, the party whose interests are violated has the right to apply to the court to determine the amount of the debt.

5. The performance fee for non-payment of alimony is calculated and collected from the amount of each debt separately.

6. In case of malicious evasion from paying alimony, the debtor may be held criminally liable in accordance with the legislation of the Russian Federation.

- The Supreme Court of the Republic of Belarus

Issues related to the recovery of alimony are of great public interest and are always in the area of ​​close attention of the judiciary. Conflict situations related to non-fulfillment of maintenance obligations are resolved in court. Consideration by the court of disputes on the recovery of alimony guarantees their quick and correct resolution, ensuring the protection of the rights and legitimate interests of children. The relevance of the topic raised is also due to the rather high number of disputes related to the recovery of alimony considered by the courts.

June 12 this year the program “Actual Microphone” of the First National Channel of the Belarusian Radio was devoted to this topic with the participation of the judge of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Belarus Vera Borisovna Krugova.

The program aroused great interest among the listeners, and we additionally publish an interview of the judge on such a socially important topic.

In the photo: Judge of the Supreme Court of the Republic of Belarus Vera Borisovna Krugova

- Vera Borisovna, tell us what is the procedure established by law when applying to the court for the recovery of alimony, can a citizen independently draw up an application without seeking legal advice?

- Alimony for minor children can be collected in order order and in order claim proceedings . Recovery of alimony in the order of writ proceedings is carried out without holding a court session and calling the parties. By order, alimony can be recovered if this is not related to the establishment of paternity (maternity) or the need to involve third parties to participate in the case. In this case, the judge issues a ruling on a court order, which is also an executive document.

The statement of claim for the recovery of alimony is submitted in writing with a copy of the application to be sent to the defendant and must comply with the requirements of Art. Art. 109, 243 Code of Civil Procedure.

By the way, on the information stands of the courts and on our Internet portal, there are samples of the most frequently filed statements of claim, including those on the recovery of child support in the order of action proceedings and on the recovery of alimony in the order of writ proceedings.

- Do I need to pay a state fee when applying to the court with an application for the recovery of alimony?

- No, you don't. In accordance with the requirements of the Tax Code, plaintiffs, applicants are exempted from paying the state fee when applying to the court with statements of claim and applications for initiating writ proceedings for the recovery of alimony. In this case, the obligation to pay the subsequent state duty rests with the defendant.

- As you know, one of the results of the judicial and legal reform was the creation of a unified system of bodies for the enforcement of court decisions and other executive documents. Where should I go to claim child support? Where does the competence of the court end and the bailiffs begin?

- Proceedings on the recovery of alimony ends with the issuance of a court decision (decision on the recovery of alimony, ruling on a court order on the recovery of alimony).

In cases of writ proceedings on the recovery of alimony, if the debtor does not object to the court within the prescribed period, the judge issues the exactor a ruling on the court order indicating the date of its entry into force for presenting it for execution. Business of action proceedings at the request of the recoverer, on the basis of a court decision on the recovery of alimony, a writ of execution is issued.

At the stage of issuing a court order to the recoverer, the competence of the court ends, and after presenting it for execution to the enforcement authorities, the competence of bailiffs begins.

- What if, in the opinion of the alimony collector, the bailiff is inactive or does not take all measures to collect alimony from the debtor?

- I believe that before appealing against the inaction of a bailiff, it is worth familiarizing yourself with the materials of the enforcement proceedings. It is likely that the bailiff is doing everything possible for this. But if the materials of the enforcement proceedings confirm the inaction of the bailiff, then the alimony collector has the right to appeal against the inaction of the bailiff in the manner prescribed by law. As for the procedure for appealing against the inaction of a bailiff directly to the court, it is regulated by Article 360-3 of the Code of Civil Procedure.

- Can the parties voluntarily settle this issue without going to court, in addition to the court order for the recovery of alimony?

- Of course, it is possible. Alimony may be paid on a voluntary basis by a person obliged to pay alimony, or by deduction from wages at the place of work or at the place of receipt of a pension, allowance, stipend, or other payments. An employer paying wages, an organization that pays pensions, allowances, scholarships and makes other payments, are obliged, on the basis of a written application of the person paying alimony , to monthly withhold from his salary, pension, allowance, stipend and other payments monetary amounts of established amounts, taking into account the restrictions provided for by the legislative acts of the Republic of Belarus, and pay (transfer to an account, transfer according to mail at the expense of the person paying the alimony) no later than three days from the date of payment of wages, pensions, allowances, stipends and other payments to the person specified in the application.

- What if the child support payer changes jobs?

- When a citizen, from whom alimony is withheld upon application, moves to another job or, for example, changes his place of residence, alimony is withheld on the basis of a newly submitted application. At the same time, alimony cannot be withheld on the basis of an application, if the total amount to be recovered on the basis of an application and executive documents exceeds 50 percent of the earnings and (or) other income due to the debtor, from which alimony is withheld, and also, if the debtor is recovered by a court order alimony for children from another mother, with the exception of the case of payment of alimony for minor children.

So, if alimony is paid for minor children, then on the basis of an application, alimony may be withheld and if the total amount of deductions on the basis of such an application and executive documents exceeds 50 percent of the earnings and (or) other income of the person obliged to pay alimony, but not more than 70 percent. That is, if the employee pays child support for minor children, which must be indicated in the application, the amount of alimony withheld can be more than 50 percent of earnings, but not more than 70 percent.

At the same time, it should be noted that for able-bodied parents, the minimum amount of alimony per month should be at least 50 percent for one child, 75 percent for two children, 100 percent for three or more children of the living wage budget on average per capita.

- Vera Borisovna, please explain how long it takes for alimony to be collected and is it possible to collect alimony for the past time? At the same time, alimony may also be collected for the past , but not more than for the previous three years, if the court establishes that before applying to the court, measures were taken to obtain funds for maintenance, but due to the evasion of the person obliged pay alimony, from their payment, alimony was not received.