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Enforce Order

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Support Enforcement Actions

The Child Support program can 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.

For many of these actions, you can submit a form to challenge the action. translation iconTranslations of these forms in several languages are available for REFERENCE ONLY. Complete and submit forms in English.

Check your eligibility

Driver license suspension

Past-due: More than 4 months

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.

Action

To avoid suspension of your driver license, within 45 days you must either make full payment, enter into a Satisfactory Payment arrangement, or successfully challenge the suspension. You can challenge the suspension by completing a Driver License Suspension Request…or Challenge (PDF) and an Statement 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).

Documents and forms
  • 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)
  • Statement of Net Worth (PDF)

Income tax refund intercept (federal and State)

Past due: $50-$150

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 and 2 months past due. Federal tax refunds may be intercepted when your account is more than $500 past due or for cases receiving public assistance or foster care, more than $150 past due.

Action

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.

Documents and forms

Passport denial

Past due: $2500 or more

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)].

Action

You must pay the arrears in full. Once the arrears are paid in full, the passport will be released.

If you qualify, you may request an emergency release of your passport. Call 888-208-4485 (TTY: 866-875-9975) for more information about an emergency release.

Documents and forms

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)

Freezing financial assets

Past due: More than 2 months, amount more than $300

Your bank account(s) may be frozen when your account is more than two months past due and you owe more than $300.

Action

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.

Documents and forms
  • 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

Lottery prize intercept

More than $50

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.

Action

You must request a review of your case within 30 days. You can call or write to request the review.

Documents and forms
  • Important Information Regarding Your Lottery Prize and Past Due Support

Liens

Past due: More than 4 months

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.

Action

You must make full payment or claim mistake of fact within 35 days.

Documents and forms
  • Notice of Intent to File a Lien
  • Notice of Lien

NYS Taxation and Finance referrals

Past due: More than 4 months, amount more than $500

You may be referred to the New York State Department of Taxation and Finance (DTF) when:

  • Your account is more than 4 months past due; and
    • Excluding retroactive support due
  • No employer payments have been received in 45 or more days; and
  • You are not currently receiving public assistance; and
  • There is no current enforcement in process

Once referred, 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
Action

You must make full payment within 45 days or submit a written challenge (PDF) within 45 days.

Documents and forms

Information about passport denial is included with federal notices about tax refund offsets.

  • 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)

Report to credit bureaus

Past due: More than 2 months or $1000

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.

Action

You must reduce the past-due amount to less than $1000 or less than the amount to be paid for two months or claim mistake of fact within 10 days.

Documents and forms
  • Report to Consumer Reporting Agencies

Professional and other license suspension

Past due: More than 4 months

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.

Action

You must immediately make full payment or file a claim form within 15 days.

Documents and forms

Information about passport denial is included with federal notices about tax refund offsets.

  • Warning Notice (includes claim form, PDF)
  • Violation Petition

Enforcement Actions Assistant

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.

If you owe child support arrears, complete the following form to see which enforcement actions might be taken.*Note

  1. Select the number of child support orders you have and click the Display orders button.
  2. Enter the total obligation for each child support order.
  3. Choose the frequency to convert each obligation to a monthly amount (e.g., Weekly to Monthly).
  4. Click the Total monthly amounts button.
  5. Enter the total amount of arrears you owe for all child support orders.
  6. Click the These actions may be taken button to see your result.

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