There is one aspect of the Child Support Program that is barely discussed: child support debt. This issue is large in scale and complexity and mostly owed by people with little to no recorded income. Child Support debt is owed to the government or to the child's other parent, and in some cases to both.
People owe child support to the government because money is retained by the government to pay back public cash assistance (most commonly, TANF benefits) received by that parent's child. Overwhelmingly, it is low-income fathers, a very large percentage of them Black or Latino, who feel the greatest effects of this policy and the indebtedness that it creates.
The New York City Office of Child Support Services (OCSS) understands that debt from any source can have a negative effect on an individual's mental and physical health, but research suggests that it can also affect whole families. When that debt comes from unpaid child support, it can even undermine the primary goal of the program—getting children the financial support they need—by potentially discouraging employment among noncustodial parents and causing them to disengage from their children's lives.
Noncustodial parents who owe DSS child support arrears can improve their future, and their children's, by taking the necessary steps to lower their debt or to bring their child support order into line with their income. Many parents qualify for the programs described below but few take advantage of them. To date, OCSS has reduced over $225 million of debt owed to the government and what we have seen is that reducing debt leads to increased child support payments.
For noncustodial parents with debt owed to the child's other parent, free or low-cost mediation services can help both parents work out an agreement on whether they want to reduce the arrears and under what conditions.
If you have questions about any of these programs or need to submit applications by email, send us an email us at dcse.cseweb@dfa.state.ny.us with the program's name, for instance, "MOTS" or "Arrears Cap," in the email subject line. In the body of the email, please include your full name, child support case ID, and date of birth. Please be detailed in your email so we can assist you as quickly as possible. You can also visit our Customer Service office or your local Family Court Office for assistance. Download the Contact Us flyer as a pdf for details about our locations.
In addition, the Earned Income Tax Credit (EITC) helps low- to moderate-income parents get a tax break on their federal tax return. The City offers free financial counseling through the Department of Consumer and Worker Protection. One-on-one professional counselors can help with managing money and minimizing debt. Book an appointment online and create/login to your Financial Empowerment Portal account OR call 311 to book an appointment.
Arrears Cap can put a limit on the amount of child support debt that a noncustodial parent owes to the government for a period of time. The amount of arrears can be reduced to as low as $500. To qualify, noncustodial parents must owe child support debt to the NYC Department of Social Services (DSS). The parent's income must have been below the federal poverty level when their DSS arrears accumulated. Noncustodial parents can apply by email, mail or the mobile app.
Application for the Arrears Cap Program
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The Arrears Credit Program is open to noncustodial parents who owe DSS child support arrears and do not have more than $3,000 in the bank or more than $5,000 in property. Parents can qualify for a yearly credit of up to $5,000 on their DSS debt when they pay their child support amount for a full year. They can also take advantage of this program up to three years – for a credit of up to $15,000 on DSS debt for each eligible case. There are two ways to participate: 1) by paying the full amount of child support owed each month for one year, or 2) for those without a current order, by paying the full amount of the last child support order each month for one year toward the debt owed on the account. Noncustodial parents can apply by email, mail or mobile app. You can remain in the program for up to 3 years or until the DSS dept is paid in full.
Child Support Arrears Credit Program - Participant Agreement
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The new Parent Success Program is designed to help noncustodial parents by supporting their well-being and strengthening their ability to provide for their children. There are two ways for a parent to participate and eliminate up to $7,500 in debt owed to the Department of Social Services (DSS):
Pay It Off is a time-limited program that enables noncustodial parents to pay off New York City DSS child support debt twice as fast – by matching their payments that total a minimum required amount (up to the amount of DSS child support arrears they owe).
Modifying Orders Through Stipulation (MOTS) gives parents the opportunity to discuss modifying their order with an OCSS worker and to enter into an agreement voluntarily before an appearance in court. For a stipulated agreement: