Legal Guidance From Experienced New York Custody And Support Enforcement Attorneys

Last updated on March 5, 2025

Court-ordered custody and support agreements serve an essential purpose. These ensure that children are well-supported and comfortable. When parents fail to honor these agreements, it’s not just a personal matter. Courts view this as disrespecting both the child’s needs and the law.

At Fersch LLC, we bring over 50 years of combined legal experience to your custody and support enforcement concerns. We offer the knowledge and compassion needed to help you through these issues. 

Whether we’re pursuing amicable negotiations or presenting your case in court, our goal remains the same: to advocate for your rights while protecting your children’s well-being.

Common Custody And Support Enforcement Issues 

Kids need all the time and care parents can provide. This is especially true during challenging times like ending a marriage through divorce or legal separation. However, parents must provide more than just emotional support. They should also follow through with their custody, visitation and support agreements. If they fail to do so, it can lead to issues.

Some common problems include: 

• Unpaid child support
• Denying visitation rights or changing schedules without permission
• Relocating children without both the other parent’s agreement or court approval
• Preventing contact between children and the other parent

Address any child custody or support issues with our child support enforcement lawyer. Whether through negotiation or legal action, our team can help.

Legal Options For Enforcing Custody And Support Orders 

You might wonder, “The other parent isn’t following our agreement. How can I enforce custody orders or child support payments in New York?” There isn’t a one-size-fits-all answer. You have several legal options to consider, depending on your situation and the nature of the violation. Let’s explore some of those options. 

Amicable Resolution Attempts 

Before heading to court, it’s often beneficial to resolve issues amicably. Sometimes, you can clear up misunderstandings through open dialogue. However, if that doesn’t work out, below are two initial steps you can consider: 

• Mediation: A neutral third party can help facilitate discussions between both parents. Mediators don’t make decisions for you. They guide you in finding common ground and potential solutions to your support or custody problems.
• Collaborative law: This involves both parties and their attorneys working together to resolve disputes without going to court. It helps address issues through a cooperative approach. 

Any agreements parents reach through these methods should be made clear in the document. This means both parties should review and sign the agreement. Next, they must then submit it to the court for approval and make it legally binding.

Court Intervention 

If more harmonious attempts don’t work, or when there’s a history of domestic violence or severe noncompliance, you may need to go to court. The process involves: 

• Filing a petition: You’ll need to file a petition with the New York Family Court in your county. This document explains the current order, the violation and what you’re asking the court to do. 
• Serving the other parent: Once you file, the other parent must be officially notified or “served” with the court papers. This gives them a chance to respond. 
• Court appearance: Both parties will need to appear in court. The judge will listen to both sides and may ask questions to better understand the situation. 
• Court’s decision: Based on the evidence presented, the judge will decide how to enforce the existing order. This could involve ordering make-up parenting time, mandating wage garnishment for unpaid support, or holding the non-compliant parent in contempt of court. 
• Follow-up: There may be follow-up hearings to ensure compliance depending on the judge’s decision. 

Throughout this process, we’ll be by your side, not just as advocates, but as problem solvers finding solutions for you and your child. Call 646-679-1456 or send us an email to schedule a free consultation.

Potential Consequences Of Noncompliance 

In New York, common consequences for noncompliance include wage garnishment for unpaid child support and modification of visitation rights for custody violations. The court may also make the noncompliant parent pay very high fines or hold them in contempt, which could lead to jail time in severe cases. Additionally, not paying child support might result in the suspension of driver’s or professional licenses.

Let Our Family Law Experience Guide Your Case

Our team at Fersch LLC practices in both New York Family and Supreme Courts, handling a wide range of issues from custody to support enforcement. We approach every case with care, prioritizing your children’s best interests. For a free consultation, call 646-679-1456 or send us an email today.