How Do I Get Child Support in New York?

There are few things as difficult and demanding as being a single parent in today's world. It's even more challenging if your child's other birth parent isn't helping with the costs. The New York child support system works to ensure both parents contribute to the necessities of their offspring.

Under New York law, both parents must provide for their children until they reach 21 or become emancipated. Through the courts and the New York Child Support Program, legal and administrative measures work together to get funds where they need to go.

This article will explain how to compel your child's other birth parent to do their part to help meet their needs.

Getting Child Support in New York

Contributing to your child's well-being is not a choice in New York. It's an obligation regardless of the relationship (or lack thereof) you share with the other birth parent. In most instances, the noncustodial parent will make payments determined by a court order.

Whether deducted from a paycheck or through other means, payments flow through the New York State Office of Child Support Services (OCSS) before going to the custodial parent. While not always the case, this is the most common situation. Parents must provide the following as a minimum for the raising of their children:

• Shelter
• Food
• Clothing
• Care
• Medical attention
• Expenses of education
• Health care coverage
• Childcare expenses

This list is not exhaustive, and a court can add other reasonable options if the case demands them. It's unfair to expect only one parent to carry the financial burden. Whether the children came from a lengthy marriage gone sour or a single night of passion, both parents must provide for their kids.

Getting Started

The custodial parent, who has physical custody of the child more often than the noncustodial parent, should get child support. This is true even if the custodial parent can support the child on their own.

Three basic situations create the need for child support in New York. These vary by situation, and all are somewhat unique:

• Ordered during a divorce case or a child custody case
• Ordered by filing a support petition in family court
• Arranged by written agreement between the parents

Child support payments are often part of divorce and child custody hearings. A single parent can seek financial help from the other birth parent through New York's Family Court system.

A written agreement is another method of settling on child support payments. A support magistrate will make sure both parents confirm that both parties understand the terms of what they're agreeing to and are aware of the Child Support Services Act (CSSA). It's a good idea to get legal help from a New York child support attorney when using a written agreement.

Children are emancipated if they get married, join a military branch, or find full-time employment. Emancipated minors are not eligible for child support.

The Process of Getting Child Support

If the child support you're petitioning for is part of a divorce or custody proceeding, required information like birth dates and Social Security numbers is available. Parentage isn't in question. For cases where there was no marriage, the court must determine the paternity of the child.

If the father agrees that he is the child's parent, he can sign an Acknowledgement of Paternity form at a local child support services center. This leads to an Order of Filiation, a court order that names the man as the child's father. The child's birth certificate gets changed to reflect the parentage.

If the mother feels she knows who the father is, but he disagrees, the court can order a DNA test to determine the truth. The court orders the test for the mother, the child, and the alleged father in a lab.

Once parentage is determined, the custodial parent can begin the process to collect child support. The Child Support Enforcement Unit is a good resource to use. They can help you fill out your petition, locate the other birth parent, and serve them with paperwork.

Child support petitions get filed in Family Court in the county where the child lives. Forms are available online. You can also file through the EDDS system. If you're working with a New York child support attorney, they'll handle most of the paperwork and court procedures.

Your child's other birth parent gets served via a summons, a copy of your petition, and a financial disclosure form they must fill out. You have to fill one out as well. Both of you will list sources of income, bank accounts, pay stubs, tax returns, and other financial information. Parental income is an important factor in figuring out child support.

New York uses the income shares module to determine how much of the birth parents' gross income goes to the child's needs. While straightforward in design, calculating child support in New York can get complex. FindLaw's New York Child Support Calculations article offers a detailed look at the process.

The main variables are how much each parent contributes to the gross income amount, how many children they have between them, and which person is the custodial parent. Once the court considers these and other factors, it sets the amount of child support, and the order goes into effect. Education expenses, health insurance, and other necessary forms of financial support also get addressed.

If the noncustodial parent has steady work, the support gets deducted from their paycheck by their employer through income execution (IEX). The employer sends it to the New York State Office of Child Support Services (OCSS), which transfers it to the custodial parent's bank account or debit card.

Other methods of payment are possible. Checks and money orders can go to the NYS Child Support Processing Center. Local child support offices accept payments in person, as do retailers like Walmart and CVS (for a fee). Several sites manage online payments for a service fee.

If making the court-ordered child support payments would force a parent's income below the self-support reserve, the court can lower payments to a minimum of $25 a month. The parent can also qualify for public assistance. They can seek help at a child support center, the Child Support Helpline at 1-888-208-4485, or the New York Child Support website.

Enforcement of Support Payments

New York has several units dedicated to getting child support payments to where they belong. These include:

• Child Support Enforcement Bureau (CSEB)
• Support Collection Unit (SCU)
• Child Support Enforcement Unit (CSEU)

If the noncustodial parent falls into arrears (doesn't pay), one of these units will contact them, let them know they're in violation, and warn them of measures that'll happen if they don't get current. One of the first steps is increasing payments to 150% of the usual amount to make up the overdue amount.

Custodial parents can file in Family Court to address late or missing payments. The state of New York tries to balance the goal of getting child support to the person who needs it with punishing delinquent payers. Some of the administrative procedures they can use include:

• Credit bureau submission
• Denial of passport issuance or renewal
• Driver's license suspension (after four months)
• Interception of income tax refunds and lottery winnings
• Liens
• Lottery intercept
• Property execution
• Revocation of licenses (business, occupational, professional, recreational) after four months
• Tax referrals

Punitive measures are the last resort. This doesn't mean a nonpayer can't end up in jail. If the court determines the noncustodial adult decreased their income with intent, prison is a possible punishment.

How To Get Child Support in New York: Summary

Taking care of your kids is a full-time job. You shouldn't have to worry about being able to provide for them. The table below recaps what you've learned about the child support application process. We'll also offer links for further research.

Note: New York state laws can change through the passage of new legislation, ballot initiatives, higher court rulings that include federal decisions, and other means. Please speak with a New York family law attorney to confirm current state laws before making any legal decisions.

How To Get Child Support in New York: Related Resources

• New York Child Support Laws
• New York Child Support Enforcement
• New York Child Support Guidelines
• New York Child Support Services Office Locator
• New York Child Support Modifications
• New York City Child Support Handbook for Noncustodial Parents

Need Help With a Child Support Case in New York? An Attorney Can Help

Raising a child as a single parent is no easy task. It's also not always so simple to have funds available for child support payments. An experienced New York family law attorney can help with enrollment forms, getting medical support through Medicaid, dealing with the Department of Social Services, and all other aspects of child support.