Support Enforcement Actions
The child support program can legally collect overdue child support (arrears) and obtain health insurance coverage through a variety of "administrative procedures" or enforcement actions. These administrative enforcement actions (PDF) may take effect without any party having to go to court.
Your driver license may be suspended when your account is more than four months past due. You will receive a notice in the mail about the suspension: Important Notice Regarding Your Driving Privileges and Your Failure to Pay Child Support.
To avoid suspension of your driver license, within 45 days you must either make full payment, enter into a Satisfactory Payment arrangement, or have a challenge upheld. You can challenge the suspension by completing a Driver License Suspension Request…or Challenge (PDF) and an Affidavit of Net Worth (PDF). Return these forms to the Support Collection Unit (SCU) where your child support account is located. Get the address of your local child support office.
If your license has been suspended due to nonpayment of child support, you may qualify for a restricted use license. You must apply for a restricted use license in person at a New York State Department of Motor Vehicles (DMV) office. You can do this at most, but not all, Motor Vehicles offices. Contact your nearest DMV office to find out where you can apply.
A restricted use license may only be used only under certain conditions, which may include driving to and from your place of employment or education, when required. A restricted use license issued as a result of nonpayment of child support may not be used to operate a commercial motor vehicle as defined in Vehicle and Traffic Law § 501-a(4).
- Important Notice Regarding Your Driving Privileges and Your Failure to Pay Child Support
- Satisfactory Payment Arrangements to Avoid or Terminate Suspension of Driving Privileges
- Notice of First Failure to Comply with Payment Plan
- Notice of Second Failure to Comply with Payment Plan
- Review of Challenge to Notice to Suspend Driver License—(Upheld or Denied)
- Driver License Suspension Request…or Challenge (PDF)
- Affidavit of Net Worth (PDF)
Your federal and/or State income tax refund may be intercepted to pay overdue child support.
New York State tax refunds may be intercepted when your account is more than $50 past due. Federal tax refunds may be intercepted when your account is more than $150 past due. You will be notified in early September if your tax refund can be intercepted.
To avoid having your tax refund intercepted, you must either pay the full amount past due or file a challenge by the date in the notice. Use the Request for Administrative Review… (PDF) form to challenge a tax refund intercept.
- Federal: Tax Refund Pre-Offset Notice with "Important Information"
- New York State: Notice of Claim Against Your Income Tax Refund
- Request for Administrative Review… (PDF)
Your application or renewal for a passport may be denied if you owe more than $2500 in past due support (arrears). If a passport applicant is identified as having child support arrearages meeting the threshold, federal law requires that the individual's passport be denied, revoked, restricted, or limited. [42 USC §652 (k)(1)].
You must pay arrears in full or, if you qualify, request an emergency release (PDF) of your passport.
Once the arrears are paid in full, the passport denial will be released.
Information about passport denial is included with federal notices about tax refund offsets.
- Tax offset letter includes statement regarding passport denial
- Denial of Passport for Certification of Arrearage in Child Support
- Challenge with Request for Administrative Review… (PDF)
Your bank account(s) may be frozen when your account is more than two months past due and you owe more than $300.
If your bank account(s) have been frozen, you must either pay the amount shown in the notice or file a claim (PDF) within 15 days.
- Restraining Notice
- Notice to Judgment Debtor/Obligor of Restraining Notice
- Notice to Vacate Restraining Notice or Execution
- Mistake of Fact or Exempt Money Claim (PDF)
- Child Support Enforcement Execution and Notice
- Notice of Determination of Your Mistake of Fact and/or Exempt Money Claim
Your New York State lottery winnings may be intercepted when the past-due support is more than $50 and the amount won is more than $600.
You must request a review of your case within 30 days. You can call or write to request the review.
- Important Information Regarding Your Lottery Prize and Past Due Support
You may be subject to liens against your real or personal property (e.g., personal injury claim or award) when your account is more than four months past due.
You must make full payment or claim mistake of fact within 35 days.
- Notice of Intent to File a Lien
- Notice of Lien
You may be referred to the New York State Department of Taxation and Finance (DTF) when your account is more than four months past due and the amount owed is more than $500. DTF can then apply specific tax collection remedies to collect the overdue child support. These collection methods may include:
- Filing a lien against any real or personal property
- Seizure and sale of your real and personal property
- Any other action the NYS Department of Taxation and Finance deems necessary to collect the debt
You must make full payment within 45 days or submit a written challenge (PDF) within 45 days.
- Important Notice Regarding Referral of Your Case to the NYS Dept. of Taxation and Finance for Your Failure to Pay Child Support
- Results of Review of Your Challenge to the Referral of Your Case to the NYS Dept. of Taxation and Finance for Your Failure to Pay Child Support (Upheld or Denied)
- Department of Taxation and Finance Challenge (PDF)
Your name may be submitted to the major consumer credit reporting agencies (credit bureaus) when your account is more than two months past due or when the amount past due is more than $1000. You may have difficulty obtaining a loan or other forms of credit until the overdue child support is paid.
You must reduce the past-due amount to less than $1,000 or less than the amount to be paid for two months or claim mistake of fact within 10 days.
- Report to Consumer Reporting Agencies
After a court hearing, your state-issued professional, occupational, business, or recreational licenses, permits, or registrations may be suspended when your account is more than four months past due.
You must immediately make full payment or file a claim form within 15 days.
- Warning Notice (includes claim form, PDF)
- Violation Petition