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Senate would close loopholes in child support law

New measures being proposed by the Senate would aid the state in its ability to enforce child support payments.

“These measures build upon the initiatives we introduced as a part of the Domestic Violence Act of 2010, which will close loopholes in state law in relation to child support,” said Senator Frank Padavan. “All parents, regardless of the situation, have the inherit responsibility to support their children.”

One component of these measures is a new web site for the Office of Temporary and Disability Assistance. The photographs and indentifying information of any one who owes more than $5,000 would be posted on the site in the hopes that authorities would be given information about their whereabouts from the public.

According to a press release from Padavan’s office, “the web site would also help pressure individuals to make good on their payments in order to avoid the potential shame and embarrassment of having such information made public.”

In addition, the measures would allow for using cell phone records to track individuals who do not pay. Agencies that collect child support would be able to issue an administrative subpoena in order to get such information.

The changes would also let New York State suspend the vehicle registrations of parents not making their child support payments.

Finally, parents who are not making their payments would have to prove that they cannot afford to do so. Things would be a change from the current system where prosecutors instead have to prove that a parent is able to pay.

“Through stronger penalties and use of the web, any parent who willingly violates their responsibility in New York State will be held accountable,” Padavan said.

New York State also has several other laws in place to assist the Office of Temporary and Disability Assistance in enforcing child support payments. They are the interception of federal and state income tax refunds and lottery winnings; Credit Bureau submissions; property executions; the suspension of a driver’s linense; denial of passport; liens on real estate and personal injury claims; and tax referrals to the New York State Department of Taxation.