Lawyers Manual - Unified Court System

148 Judy Reichler
otherwise out of range of most regular enforcement methods. The court can do
much of this, as well, but often the judge is not as familiar with these methods.
Liens and Seizure of Property
If there are arrears, the SCU can intercept or seize periodic or lump sums
due the obligor from state or local agencies, attach and seize bank accounts as
well as public and private retirement funds, and impose liens against real
and personal property and force the sale of such property. Although certain
procedural protections apply, there is no requirement to return to court for a
money judgment.
Provide Information on Arrears to Credit Reporting Agencies
Whenever child support arrears exceed $500, this information is reported to
credit reporting agencies. This is especially useful where the obligor is self
employed. The information will show up on credit reports, which will affect the
obligor’s ability to obtain a credit card, borrow money or obtain a mortgage to
purchase property. This is not available through the court.
In Court
Support Magistrates
All child and spousal support cases in the Family Court are heard by support
magistrates, who are specially trained in establishing and enforcing support
orders. Support magistrates have the same authority as a family court judge with
regard to support, except that they cannot order a parent jailed for nonpayment.
Appeals from a support magistrate’s order are made by the filing of an “objection”
within 30 days after receipt of the order. The decision is then reviewed by a
family court judge. Support magistrates have no authority over custody, visitation
(including allegations of visitation interference as a defense to nonpayment of
support), orders of protection, or exclusive possession of the home.
Order of Protection
If it will help keep the petitioner or the children safe, an order of protection
can be obtained in the context of a support proceeding, without the need to file a
separate petition alleging a family offense. 12 Upon receiving a request, the
support magistrate will refer the matter to a judge.