How to collect unpaid child support in New York

Arrears, interest and enforcement, with a letter to the agency.

Checked against official sources: Oct 25, 2026.

Short answer

Arrears means child support that is past due. 9% a year on unpaid support that a court has turned into a money judgment.

Interest on unpaid support
9% a year
License suspension
Driver's, professional and recreational licenses can be suspended when past-due support equals or exceeds four months of support.
Passport denial
Over $2,500 past due (federal law)

How support is collected in New York

Arrears means support that is past due. The child support agency can use these tools to collect it:

  • Income withholding
  • Driver's license suspension
  • Professional, business and occupational license suspension
  • Recreational license suspension
  • Federal and state tax refund offset
  • Money judgments for arrears
  • Contempt / violation petition in Family Court

Law: Soc. Serv. Law § 111-b; Fam. Ct. Act §§ 454, 458-b, 458-c

Ask the agency in writing to collect what is owed: Ask the agency to collect unpaid support

When the court steps in, in New York

If the court finds a parent willfully failed to pay, it must order the parent to pay the other side's lawyer fees and can send the parent to jail for up to 6 months. Not paying as ordered is treated as evidence of willful violation.

Law: Fam. Ct. Act § 454(3)

Tools that work in every state

  • Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
  • Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
  • Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
  • Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)

Licenses in New York

Driver's, professional and recreational licenses can be suspended when past-due support equals or exceeds four months of support.

Law: Soc. Serv. Law § 111-b; Fam. Ct. Act § 458-b

Interest on arrears in New York

9% a year on unpaid support that a court has turned into a money judgment.

Law: CPLR 5004

In nearby states

Your next steps in New York

  1. Track what was paid

    Keep a log of every payment and every missed payment.

  2. Ask the agency to enforce

    Contact NYS Office of Temporary and Disability Assistance (OTDA), Division of Child Support Services (1-888-208-4485)

  3. Give the agency leads

    The other parent's job, address or bank helps the agency collect.

  4. Check the balance

    Ask the agency for the total owed, with any interest.

  5. Ask for free help

    Legal aid can help for free: LawHelpNY (legal aid directory).

Free help in New York

Questions about unpaid support in New York

What can the agency do about unpaid support in New York?

Arrears means support that is past due. The child support agency can use these tools to collect it: Income withholding; Driver's license suspension; Professional, business and occupational license suspension; Recreational license suspension; Federal and state tax refund offset; Money judgments for arrears; Contempt / violation petition in Family Court.

Can unpaid support cost a driver's license in New York?

Driver's, professional and recreational licenses can be suspended when past-due support equals or exceeds four months of support.

Can a parent go to jail for unpaid support in New York?

If the court finds a parent willfully failed to pay, it must order the parent to pay the other side's lawyer fees and can send the parent to jail for up to 6 months. Not paying as ordered is treated as evidence of willful violation.

What is the interest rate on arrears in New York?

9% a year on unpaid support that a court has turned into a money judgment.

Related New York pages

Sources

Sources

Last checked: Oct 25, 2026.

Federal sources