Lawyers Manual - Unified Court System

Victim Who Needs Child Support 147
Employment Information
The SCU receives daily reports of new hires and can quickly track an obligor
who changes jobs. This is not available through the court.
Immediate Income Withholding
Whenever a new or modified order for child support (or combined spousal
and child support) is made on behalf of a person who has requested the services
of the SCU, an income execution for support enforcement will immediately be
issued against the wages or other income of the noncustodial parent — unless
the court finds, and sets forth in writing, the reasons there is “good cause” not to
require immediate income withholding. 10 “Good cause” for not directing the
immediate issuance of an income execution for support enforcement is defined
as “substantial harm to the debtor.” The absence of an arrearage or the mere
issuance of an income execution cannot constitute good cause. The court can
also issue an order11 requiring an employer or other income payor to make
deductions from the noncustodial parent’s income and send it directly to your
client. If this is the only enforcement method your client will need, it may not
be necessary to have the order payable to the SCU.
Automatic Cost-of-Living Reviews
The SCU has conducted a review of all orders of support issued on behalf of
persons in receipt of family assistance prior to September 15, 1989, to determine
if they are eligible for a one-time cost-of-living adjustment. Anyone else who has
an order made payable through the SCU may request a determination of eligibility
for such an adjustment.
In addition to the procedures for adjustment, either party may petition the
court for a modification of the amount if circumstances have changed since the
order was entered.
Federal and State Income Tax Refund Interception
If there are arrears, the SCU can intercept any federal or state income tax
refunds due the non-custodial parent and direct it to your client (unless she is
receiving public assistance, in which case the payment goes to the agency). This
is not available through the court.
Suspension of Professional and Driver’s Licenses
Where a sufficient amount of arrears has accumulated, the SCU can take steps
to suspend a non-custodial parent’s driver’s licence. The SCU can also suspend
professional licenses (e.g. teachers, doctors, dentists, lawyers, real estate brokers),
as well as sporting licenses (e.g. hunting and fishing) and business licenses (e.g.
liquor). This is useful if the noncustodial parent works off the books or is