Q) Hi, I just went to court and was awarded Child Support but the judge didn’t say how they would be paid. In Orange County, NY if the respondent doesn’t show for the court dates and a decision is made without them, will the support be docked automatically from the respondents paycheck? I know the respondent in my case won’t pay otherwise.
A) Typically, when child support is ordered by a court, the court will also issue an Income Withholding Order (IWO) which directs the respondent’s employer to withhold the required child support payments from the respondent’s paycheck and send the payments to the appropriate agency for distribution to the custodial parent. This is a standard procedure in most states, including New York.
However, if an Income Withholding Order (IWO) was not issued by the court or if the respondent is self-employed or unemployed, you may need to work with the child support agency in your county to set up an alternative payment arrangement. It’s important to follow up with the child support agency to make sure that the payments are being made in a timely and consistent manner.
NOTE: After a child support order is in place, the support amount will be deducted from the Non Custodial Parent’s paycheck. State law requires immediate income withholding in most cases. This is an easy way for the Non Custodial Parent to make child support payments. It also provides the NCP with a record of payments made. If support payments are not deducted from the NCP’s paycheck, they should be paid as directed in the court order. It is very important to keep records of the payments that are made.