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Child support information: 1-888-208-4485
Enforcement Actions
Enforcement means taking appropriate actions to collect past-due child support and ensure current and future
payments. The enforcement process begins when the order is made payable to the Support Collection Unit (SCU) and
ends when the order is terminated and any arrearages are paid up. Once payments fall behind, there are a number of
enforcement tools that can be used to collect payments. Activities for enforcing child support orders are either
administrative (which do not require going back to court) or judicial (which require a court hearing).
Administrative/Automated Enforcement Processes
Add Amount
If child support payments fall behind, the order may be temporarily increased by up to 50% above the court-ordered
amount, until the arrears are paid off.
Tax Refund Offset
If the noncustodial parent is expecting a federal or state income tax refund, it may instead be sent to OCSE to pay off
past-due child support. State tax refund offset will take place if at least $50 is owed. Federal tax refund offset will take
place once the amount owed reaches $500 ($150 if the custodial parent and child receive cash assistance).
Lottery Prize Intercept
OCSE intercepts New York State lottery prize winnings if the noncustodial parent’s past-due support obligation is at
least $50 and the lottery winnings are at least $600.
Property Execution (PEX)
OCSE identifies and seizes delinquent parents’ bank accounts and other financial assets to satisfy past-due support
obligations. PEX requires that the amount owed be equal to or greater than two months’ current obligation amount,
excluding retroactive support, and at least $300. Noncustodial parents who are paying from payroll deduction are
excluded from PEX unless they have $3,000 or more in the bank.
Driver’s License Suspension
Driver’s licenses can be suspended if the amount owed in child support is equal to or greater than four months of the
current obligation amount, excluding retroactive support, and the noncustodial parent is not paying by payroll
deduction. Generally speaking, suspension of the driver’s license will not be lifted unless the noncustodial parent pays
all delinquent money that is owed, enters into a payment arrangement or provides employment information that will
result in payroll deductions for child support. Under certain circumstances, the Department of Motor Vehicles may
grant noncustodial parents requests for a restricted driver’s license that will allow them to drive only to and from work.
Credit Bureau Reporting
OCSE submits the names of delinquent parents to major Consumer Reporting Agencies (CRAs) when they owe at least
$1,000 in child support or are two months in arrears, whichever happens first. Submission of a delinquent account to a
CRA will result in a negative entry on the noncustodial parent’s credit profile and may affect his or her ability to obtain
credit (e.g., mortgages, car loans, credit cards, etc.).
Referral to the New York State Division of Taxation and Finance
Cases are referred to the NY State Department of Taxation and Finance for identification and seizure of assets to
satisfy past-due support obligations if the amount owed is equal to or greater than four months of the current obligation
amount, greater than $500, and no payments have been received from payroll deductions in the last 45 days.
Denial of New and Renewed Passports
The State Department is authorized to deny a passport to a new or renewal applicant if at least $2,500 is owed in child
support. Noncustodial parents who fall into this category will be notified of the denial of the passport application by the
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State Department and they will have to contact OCSE to resolve the matter. Unless noncustodial parents can prove an
emergency circumstance, they can only get a new passport by paying arrears in full.
Denial of New and Renewed NYC Business and Professional Licenses
OCSE may place restrictions on issuing new and renewed licenses issued by New York City agencies when the applicant
owes back child support equal to or greater than four months of current support. Generally speaking, to get a license
application approved under these circumstances, noncustodial parents are required to resolve any child support debt
by paying what they owe, entering into a payment agreement, or providing employment information to start payroll
deductions for child support.
Judicial Enforcement Processes
Violation Petition
A violation petition is a petition requesting Family Court to enforce the child support order after administrative
enforcement remedies have been exhausted. A violation petition may be filed by the custodial parent or by OCSE, if the
custodial parent is receiving cash assistance. Outcomes of a violation petition may include:
• Money Judgment
A decision made in court that the noncustodial parent is behind in child support payments in a specified amount,
which accumulates 9% interest until it is paid off.
• Lien
A Lien may be placed on the noncustodial parent’s property requiring that the child support debt be paid before the
property can be sold or transferred.
• Cash Deposit
The noncustodial parent may be required to deposit money (up to three years’ worth) toward future child support.
Payments can be taken out of this deposit if the noncustodial parent fails to pay support regularly in the future.
• Referral to STEP
The noncustodial parents who are unemployed or under-employed may be required to participate in OCSE’s
Support Through Employment Program (STEP) in order to find employment and begin making child support
payments.
• Arrest/Incarceration
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.
Suspension of State-Issued Professional, Business and Occupational Licenses
Noncustodial parents who owe child support arrears equal to or more than four months of current support may be
eligible to have their state-issued licenses suspended through the court process. Some of the State Agencies issuing
licenses are the NYS Office of Court Administration, Department of Environmental Conservation, Department of
Education, Department of State, and the Liquor Authority.
Referral for Criminal Prosecution
Willful nonpayment of past-due child support is a federal offense. OCSE can request criminal prosecution by the United
States Attorney’s Office or the District Attorney’s Office when significant arrearages have accumulated, other child
support enforcement mechanisms have failed, and the noncustodial parent is demonstrated to have willfully violated
the support order.
Participation in a Work Program (STEP)
During a child support hearing, the Support Magistrate may establish that the noncustodial parent is unable to provide
adequate financial support for his or her children due to lack of employment or low-paying work. The Support
Magistrate may refer the parent to STEP (Support Through Employment Program), a program that assists parents with
education, job training, and placement. Once the noncustodial parent starts earning money, OCSE can automatically
collect child support payments through payroll deductions.
