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By Theresa Wells
Mother’s Day is just around the corner and moms across the nation are getting ready to receive a little of what they deserve. For some, it might be a day off from cooking or cleaning; for others, maybe some pampering or long-overdue gratitude.
However, a startling number of moms with primary physical custody of their children will not be getting what they deserve on Mother’s Day, namely child support payments. According to the most recent U.S. Census Bureau statistics available, 5.6 million custodial mothers nationwide received only $18.6 billion of the $29.8 billion in child support payments they were supposed to receive in 2007.
Given that the Census Bureau collected this data at the front end of the Great Recession in 2007, it’s possible the child support payment rate has slipped further since then as the economy worsened. That year’s 62.5 percent payment rate had already significantly declined from 2003’s record high of 69.1 percent, according to Census Bureau data.
Custodial moms should not let these statistics or even the economic climate dissuade them from getting what they deserve this Mother’s Day. In New York, custodial mothers can sue a spouse involved in an action for divorce, separation, or annulment who fails to pay a sum of money owed under any judgment, order or agreement. Additionally, custodial mothers who are not married to the child’s father can bring a petition in the appropriate county family court to enforce a prior order of support.
After receiving an enforcement application, a court will determine the amount of child support arrears (i.e. past due payments). The court could issue a judgment for the amount of arrears, so long as the defaulting non-custodial parent has not shown there was a good reason why he or she has failed to apply for relief from the payments or has not proven another judgment established a different payment plan.
An enforcement judgment empowers custodial mothers to employ any method authorized by law for money judgment collections. The law also features numerous provisions that could pressure defaulting spouses into paying back child support. In cases where arrears are equal to or greater than the amount of support due over a four-month period, the court could order the suspension of the defaulting spouse’s driver’s or recreational licenses, in addition to suspensions of business licenses, permits or registrations.
An aggrieved spouse can also file a motion in court to have the defaulting spouse be found in contempt if he or she misses a payment or installment; thus subjecting him or her to punitive fines or imprisonment. Custodial mothers need to know they have many options available to them to get the child support they not only deserve but also to which they have a legal right. People experiencing difficulty receiving child support payments should contact a family and matrimonial lawyer.
Theresa Wells is an associate with Tully Rinckey PLLC who concentrates her practice in the areas of family and matrimonial law. She can be reached at twells@1888law4life.com. To schedule a meeting with one of Tully Rinckey PLLC’s experienced family and matrimonial attorneys call 1-888-Law-4Life or visit us at 1888Law4Life.com.
