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.
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.
New York State lottery winnings may be intercepted to pay overdue child support.
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.
The New York State Division of Child Support Enforcement and the U.S. State Department work together to prevent delinquent noncustodial parents from renewing or obtaining a passport.
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.
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.
Procedure to Obtain Health Insurance Coverage
Medical Support Enforcement
When a court order for child support directs the non-custodial 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.