When it comes to child support enforcement in New York, the state has a number of tools at its disposal to help ensure that children receive the financial support they need from their non-custodial parents. One such tool is the ability to intercept tax refunds in cases where child support payments are overdue.
In New York, the Department of Taxation and Finance (DTF) is authorized to intercept state tax refunds and federal tax refunds to collect past-due child support. The DTF works closely with the state Office of Temporary and Disability Assistance’s Division of Child Support Enforcement (DCSE) to identify cases where tax refund intercepts are appropriate.
If you owe past-due child support in New York, the DCSE will send you a notice of the amount owed and instructions on how to make a payment. If you fail to make the payment or arrange a payment plan, the DCSE may request that the DTF intercept your tax refund.
Once the DTF intercepts your tax refund, it will be applied to your past-due child support balance. If the intercepted refund is not enough to cover the full amount owed, you will still be responsible for paying the remaining balance.
It is important to note that tax refund intercepts are just one of several enforcement tools that the DCSE may use to collect past-due child support. Other tools include wage garnishment, liens on property, and suspension of licenses.
If you are struggling to make your child support payments, it is important to reach out to the DCSE as soon as possible. They may be able to work with you to develop a payment plan that is manageable for your financial situation. Ignoring your child support obligations can lead to serious consequences, including the interception of your tax refunds.
Additionally, it’s important to note that if you are a custodial parent who is owed child support payments, the tax refund intercept program can be an important tool for ensuring that you receive the financial support you need. The intercept program can help to offset the financial burden of supporting a child on your own, especially if the non-custodial parent has fallen behind on their payments.
However, it’s worth noting that the tax refund intercept program is not foolproof. In some cases, the non-custodial parent may have already received their tax refund before the intercept order is processed. In other cases, the non-custodial parent may be entitled to certain exemptions or credits that would reduce or eliminate the amount available for intercept.
If you are owed child support payments and are not receiving them, it is important to contact the DCSE and inquire about the status of your case. They may be able to provide you with information on the status of the non-custodial parent’s payments, including whether or not a tax refund intercept has been ordered.
In addition to the tax refund intercept program, New York State has several other tools and programs in place to help enforce child support orders. These include:
Automatic income withholding: In most cases, child support payments are automatically withheld from the non-custodial parent’s paycheck.
License suspension: The DCSE can suspend the driver’s license, professional license, or recreational license of a non-custodial parent who is behind on child support payments.
Credit bureau reporting: The DCSE can report delinquent child support payments to credit bureaus, which can impact the non-custodial parent’s credit score and ability to obtain credit in the future.
The tax refund intercept program is an important tool for ensuring that children in New York receive the financial support they need. If you owe past-due child support, it is important to work with the DCSE to meet your obligations and avoid the potential consequences of non-payment. And if you are a custodial parent who is owed child support payments, be sure to stay informed about the status of your case and take advantage of all available enforcement tools to ensure that you receive the financial support you need.
As a legal team with extensive experience in family law and child support enforcement in New York, at Michael D. Schmitt, ESQ., we can provide valuable assistance to both custodial and non-custodial parents who are dealing with child support enforcement and tax refund intercept cases.
We can offer legal representation and advocacy for our clients, helping them understand their legal rights and obligations and develop a strategy to resolve the issue. We also have experience in negotiation and mediation and can work with both parties to come to a mutually acceptable agreement.
For non-custodial parents who owe past-due child support, we can help develop a manageable payment plan that takes into account their income and expenses, ensuring that they meet their child support obligations. Additionally, we can help with license reinstatement, appeals, and any other legal issues that may arise.
Our goal is to provide our clients with compassionate and effective legal representation. We understand that child support enforcement and tax refund intercept cases can be complex and emotionally charged, and we strive to provide our clients with the support and guidance they need to navigate the legal system and achieve a positive outcome.