How Does Back Child Support Work In New York

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How Back Child Support Works in New York

Back child support is child support that is owed for a period of time in the past. It can occur for a number of reasons, such as:

  • A parent who has not been paying child support.
  • A parent who has been underpaying child support.
  • A change in circumstances that has resulted in an increase in the amount of child support owed.

If you are owed back child support, there are a number of things you can do to collect it.

What to do if you are owed back child support

If you are owed back child support, you can:

  • Contact the New York State Office of Child Support Services (OCSS). The OCSS can help you collect back child support.
  • Hire a private attorney. A private attorney can help you collect back child support.
  • File a lawsuit in court. You can file a lawsuit in court to collect back child support.

How the OCSS collects back child support

The OCSS has a number of ways to collect back child support. These include:

  • Withholding wages. The OCSS can withhold wages from a parent who owes back child support.
  • Intercepting tax refunds. The OCSS can intercept tax refunds from a parent who owes back child support.
  • Suspending driver's licenses. The OCSS can suspend the driver's license of a parent who owes back child support.
  • Issuing warrants. The OCSS can issue warrants for the arrest of a parent who owes back child support.

How long can you collect back child support?

In New York, there is no statute of limitations for collecting back child support. This means that you can collect back child support for any period of time, no matter how long ago it was owed.

Important things to know about back child support

  • Back child support is interest-free. Back child support is not subject to interest.
  • Back child support is not dischargeable in bankruptcy. Back child support is not dischargeable in bankruptcy.
  • Back child support can be enforced across state lines. Back child support can be enforced across state lines.

FAQs

  • How do I know how much back child support I am owed?
    • You can contact the OCSS to find out how much back child support you are owed.
  • How long does it take to collect back child support?
    • The length of time it takes to collect back child support varies depending on the circumstances of each case.
  • What happens if I can't afford to pay back child support?
    • If you can't afford to pay back child support, you can file a motion with the court to modify your child support order.
  • Can I get back child support for a child who is no longer a minor?
    • Yes, you can get back child support for a child who is no longer a minor, up to the age of 21.
  • What happens if the parent who owes back child support dies?
    • If the parent who owes back child support dies, the child support obligation may be transferred to the parent's estate.

I hope this post has been helpful. If you have any questions, please feel free to contact me.

Additional Tips

  • Keep good records. Keep good records of all your child support payments. This will help you prove how much back child support you are owed.
  • Be patient. Collecting back child support can take time.
  • Don't give up. Don't give up on collecting back child support, even if it seems difficult.

I wish you the best of luck in collecting your back child support.

Please note that this post is for informational purposes only and should not be construed as legal advice. If you have questions about back child support, you should consult with an attorney.

I hope this post is helpful and informative. Please let me know if you have any other questions.

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