Brooklyn, NY – When someone is subject to a support order in New York, it will almost always be deducted from the person’s pay automatically through a withholding order. These types of changes have occurred over the last several years in many states to ensure that payments are actually made and received as required by law. If a parent subject to a support order was reluctant to deliver the payments, it could be difficult to collect the money without some kind of automatic payroll deduction system.
Procedures for an automatic deduction to be put in place
The person subject to the court order for child support will receive some kind of formal notice either in person during a court hearing or through other forms of service. Most support orders will attempt to only take a portion of the parent’s disposable income, however, there may be modifications especially if the child has special needs related to education or healthcare.
Employers are generally prohibited by consumer protection laws from firing a worker because they are subject to a support order or any other type of garnishment. They also must comply with the specific terms of the order within a short period of time to avoid various kinds of fines and penalties. The deductions for child support are also made after mandatory deductions like taxes and social security are withheld. In some cases, there may be complexities related to a withholding order that was issued by a state other than the one that the employee resides and works in.
The support order will usually stay in place until the child reaches adulthood, unless modified or changed by a later family court order.
Additional sources of income
In order for the courts to issue the appropriate amount to be withheld, they must have an accurate statement of all sources of income from both spouses. If one spouse has hidden income, this can be an issue that will result in additional legal action. Some attorneys who deal with support issues can even conduct their own investigation to look into the matter further. Anyone subject to an order should keep in mind that most forms of compensation they receive, regardless of the source will likely count as income. The person subject to the order should get legal advice from a family lawyer if they are unsure of exactly what amounts and sources will be considered their income.
Getting assistance from a local family attorney
Elliot Green Law Offices is a professional family law firm that deals with divorces, child support, child custody, alimony, domestic violence, and other related issues. Anyone who needs assistance with these problems in Brooklyn can contact the firm for more information.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201