Enforcing child support
A violation petition asks the court to find the other parent has failed to pay as ordered. Court and administrative enforcement tools, subject to their respective statutory requirements, include:
- Income execution against wages
- Interception of tax refunds
- Suspension of driving and professional licenses
- A money judgment for the arrears
- Commitment to jail
Family Court Act §454 authorizes money judgments, income deductions and other remedies after noncompliance. Nonpayment is prima facie evidence of willfulness; documented inability to pay can rebut it. A willful violation can result in counsel fees and imprisonment for up to six months. License suspension has separate statutory conditions; tax-refund interception is an administrative collection remedy.
Willfulness is the pivot. A parent who genuinely cannot pay is in a different position from one who has chosen not to. If you are behind because you lost work or became ill, the answer is to file for modification and to be able to show what happened — not to say nothing and hope.
Enforcing custody and parenting time
Different, and generally harder, because a court cannot manufacture time that has passed.
Available remedies include makeup parenting time, an order clarifying the terms, a modification of custody where the interference is sustained, and contempt in serious cases. Courts take persistent interference seriously, in part because a parent’s willingness to support the child’s relationship with the other parent is itself a custody factor.
One thing that is not a remedy: withholding support because you are being denied time, or withholding time because support is unpaid. They are separate obligations. Doing either puts you in violation and damages your own position, and it is the most common self-inflicted wound in this area.
What helps an enforcement case
- A clear, specific order. Vagueness is what makes enforcement difficult, and it traces back to the drafting.
- Contemporaneous records — dates, times, what happened, in writing at the time
- Communication in writing, in a tone you would be content for a judge to read
- Prompt action. Tolerating a pattern for two years makes it harder to argue it is intolerable now.
If a petition has been filed against you
Do not ignore it. Appearing and explaining a genuine inability to pay is a materially different position from failing to appear, and the consequences of a willfulness finding are severe. Bring documentation of your circumstances.
Frequently asked questions
What can I do if my ex will not pay child support?
Seek enforcement in the court with jurisdiction. Court and administrative remedies can include income deductions, a money judgment, tax-refund interception and qualifying license suspension. A willful violation can also lead to counsel fees and up to six months in jail.
What if my ex will not let me see my children?
File a violation petition. Remedies can include makeup parenting time, clarification of the order, and in sustained cases a custody modification.
Can I stop paying support if I am being denied visitation?
No. They are separate obligations. Withholding support puts you in violation and harms your position.
What does willful mean?
Failure to pay as ordered is prima facie evidence of willfulness. The respondent can present competent, credible evidence of inability to pay. A modification petition is a separate step; it does not erase existing arrears or excuse ignoring the order.
Can back support be cancelled?
Generally not retroactively. This is why a modification should be sought as soon as circumstances change.
Related: Custody & Support Modifications · Child Support · back to Family Law
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539 · Last reviewed October 6, 2026