Missed payments, ignoring court orders, or handling support informally can lead to arrears, wage garnishments, suspended licenses, and even jail time. Many parents don’t mean to break the rules — most mistakes happen because they didn’t realize how strict New York family law can be. This guide breaks down the most common child support mistakes, why they matter, and how to avoid them.

Why Child Support Compliance Is More Than Just Payments

Following New York’s child support orders isn’t simply about avoiding penalties. It’s about protecting your credibility with the court and showing you take your responsibilities seriously. Judges pay close attention to which parent demonstrates responsibility — and that can influence custody and visitation decisions too.

Common Child Support Mistakes in New York

Paying Support ‘Under the Table’

Giving cash directly to the other parent.
Why it matters: If payments aren’t documented, the court won’t count them — leaving you owing money you’ve already paid.
Prevention tip: Always pay through the New York State Child Support Collection Unit or another court-approved method.

Ignoring Court Orders

Reducing or stopping payments because of job loss or disagreements.
Why it matters: Arrears (back payments) never disappear, and courts see skipped payments as willful defiance.
Prevention tip: If your situation changes, file a petition to modify support immediately.

Failing to Report Income Accurately

Not disclosing side jobs, tips, or cash income.
Why it matters: Courts can “impute” income if they believe you’re hiding money — often at a higher amount than you actually earn.
Prevention tip: Be transparent about all income sources.

Missing Court Dates

Skipping support hearings out of frustration or fear.
Why it matters: Judges can issue default orders, often setting higher payments than if you had attended.
Prevention tip: Always appear in court, or have your attorney represent you.

Using Child Support as Leverage

Withholding payment because visitation was denied, or vice versa.
Why it matters: Support and visitation are separate legal issues. Mixing them only makes matters worse.
Prevention tip: Handle custody and visitation disputes separately through the court.

Ignoring Arrears

Believing back payments will “go away.”
Why it matters: Arrears collect interest, and enforcement may include wage garnishment, property liens, license suspension, and jail.
Prevention tip: Contact the support office immediately to arrange a payment plan.

Overlooking Modifications

Not updating your support order when income or circumstances change.
Why it matters: Until you file, the court will hold you to the old order, even if your situation makes it impossible to pay.
Prevention tip: File for a modification as soon as your income or your child’s needs change.

How to Protect Yourself in a Child Support Case

– Keep detailed payment records.
– Always pay officially through court-approved channels.
– Communicate changes quickly — don’t wait until arrears pile up.
– Stay professional and respectful in front of the judge.

Why Working with a Child Support Attorney Helps

A family law attorney can make the process smoother and protect your rights. At The Kearney Law Group we help parents:
– File or defend child support modifications.
– Negotiate fair support based on accurate income.
– Avoid unfair enforcement actions.
– Ensure every payment is properly credited.

Frequently Asked Questions

 Can child support be changed if I lose my job?

Yes. You must file a petition for modification. Don’t stop paying until the court approves the change.

 What happens if I don’t pay child support in New York?

You may face wage garnishment, loss of your driver’s license, property liens, or jail time.

 Can I pay child support directly to the other parent?

Not unless the court allows it. Always use official payment methods so you have proof.

Final Thoughts

Child support is about more than money — it’s about your child’s well-being and your future. Small mistakes like skipping payments, hiding income, or paying informally can create long-term legal and financial problems.

The smart move? Follow the rules, keep good records, and act quickly when your situation changes. With the right guidance, you can protect your rights, your finances, and your child’s best interests.

 Need Help with Child Support in New York?

Don’t let mistakes cost you. Contact The Kearney Law Group today

The post Child Support Mistakes: Common Missteps That Could Cost You in Court appeared first on The Kearney Law Group.