What Can Be Done If Your Ex Doesn’t Pay Child Support, Spousal Support or Maintenance?

If you have children and have an order for child support, you can get help to collect money from your spouse or ex-spouse from the Support Collection Unit (SCU) in Family Court. 

Unless you are sure that your spouse or ex-spouse will pay the support ordered by the Judge or Support Magistrate, it is a good idea to have the judgment or order require your spouse or ex-spouse to pay both child support and spousal support or maintenance directly to SCU. SCU will then send the money to you. 

There may be a couple of weeks delay right at the beginning. Then, you will start receiving the money from SCU regularly as long as your spouse or ex-spouse or his/her employer sends the support monies to SCU. SCU will keep track of what is paid by your spouse or ex-spouse and sent to you in its computer system. 

If your spouse or ex-spouse stops paying, pays late, or pays less than the Judge or Support Magistrate ordered, he or she will be in default. If your spouse or ex-spouse is supposed to be sending payments to SCU, SCU can enforce the support orders by getting a payroll deduction or income execution. 

 

The employer must then deduct the current support payments and a portion of any arrears until they are all paid from each paycheck and send the money to SCU. You do not have to go back to court for this to happen.

If child support and spousal support or maintenance are not ordered to be paid to SCU at first, but your spouse or ex-spouse later defaults (fails to pay you money), you can ask SCU to collect the support. It’s best to do this at the main SCU located at 151 West Broadway, 4th Floor, New York, New York 10013.

For information on serving child support papers, contact a child support process service, or call (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

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