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What is the DHHS?

DHHS is the state agency responsible for administering and enforcing the child support laws. It oversees the child support collection process. DHHS also administers the Social Security Administration and the Veterans Administration.

In a nutshell, the child support laws require child support to be collected from the father to pay for the support of his and his ex-wife’s children. DHHS also administers the Family Support Act to administer and enforce child support.

All the information on this page refers to the New York State system.

The Child Support Collection Process for New York

When you file a lawsuit to collect child support, your lawyer will guide you through the process. You will make initial collection arguments to the court, such as your child support payment history and the amount of the current support obligation.

Then, your lawyer will go through the collection process with the court. If it reaches the court that has jurisdiction over you, the court will proceed to make an order enforcing the order.

You and your lawyer may negotiate to extend the deadline for collection, or agree for you or your lawyer to file for bankruptcy for the extended period. You must have sufficient assets (for example, a mortgage on your home) before the court would issue an order directing you to collect from the debt.

When your lawyer has determined that you meet the child support payment conditions, the final collection decision will be based on the information provided to the court of your payment history and current support payments. For example:

Your lawyer will determine whether you can afford to pay all or a portion of all of your current child support obligation and will discuss any additional requirements of additional support. The amount of child support you are required to pay on your current support is also a factor in determining if you were able to pay at the time of the court hearing.

If you could afford to pay only a portion of the current child support obligation, the court may decide that you can no longer afford to make any additional payments at this point and will not allow your payment to continue.

If you could not afford to pay all of your current child support obligation at the time of the court hearing, your lawyer may decide to negotiate to have your current child support obligation paid with the support amount that is allowed to be paid into a bank account in the name of another person to help the court determine what’s owed to other people, for example

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