How New York Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in New York, wages can be taken by income execution, driving privileges and other licenses can be suspended once arrears reach four months, and a money judgment and lien can follow.
What happens if you don’t pay child support in New York?
The Support Collection Unit can enforce through income execution and other administrative actions without going to court (childsupport.ny.gov), and a violation hearing can result in a money judgment, a lien and license suspensions (NYC HRA handbook). Retroactive child support is enforceable by an execution for support enforcement (Family Court Act 449).
Can New York garnish wages?
Yes. Federal law caps withholding at 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
When can a driver’s license be suspended?
If the respondent has support arrears equal to or greater than the support due for four months, the court may order the Department of Motor Vehicles to suspend driving privileges, and the respondent may apply for a restricted use license (FCA 458-a). The program sends a notice and the license holder has 45 days to pay in full, enter a satisfactory payment arrangement or successfully challenge it (childsupport.ny.gov).
What about professional and recreational licenses?
After a court hearing, state-issued professional, occupational, business or recreational licenses may be suspended when the account is more than four months past due (childsupport.ny.gov). The recreational license rule, which does not apply to people receiving SSI, is in Family Court Act 458-c (458-c).
What is a lien?
A lien on the paying parent’s property may be placed after a money judgment, so the child support debt must be paid before the property can be sold or transferred (HRA handbook).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The New York arrears calculator warns when the unpaid principal passes that figure.
Can an income deduction order be issued at the start?
Yes. When the court issues an order of support for a parent not on public assistance, it issues an income deduction order at the same time, unless it finds good cause or an agreement for another arrangement (Family Court Act 440). That is why withholding usually starts immediately.
Is the Support Collection Unit different from the court?
Yes. The unit collects and enforces; the court decides violations and money judgments. Payments made through the unit are credited on its ledger, so ask it for a payment history before any hearing (childsupport.ny.gov).
What should you do if you owe?
Respond to every notice within its window, ask for a payment arrangement, add up the balance in the New York child support arrears calculator and, if your circumstances changed, file a petition to modify right away.
Frequently asked questions
What happens if you don’t pay child support in New York?
Income execution, license suspension, a money judgment and a lien can follow.
How much of my paycheck can New York take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to respond to a New York license suspension notice?
Forty-five days to pay in full, enter a satisfactory payment arrangement or challenge the suspension.
Can New York suspend a fishing or hunting license for unpaid child support?
Yes, at four months of arrears, except for people receiving SSI.
When can the passport of a New York parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- Family Court Act 451: arrears and modification
- NYC HRA: child support handbook for noncustodial parents
- Family Court Act 458-a: suspension of driving privileges
- Family Court Act 458-c: recreational licenses
- NY Division of Child Support Services: enforce an order
- Family Court Act 449: retroactive support
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New York statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New York attorney.