how do i apply for child support in ny

Establishing Financial Support Obligations for Minors in New York State

Legal Framework and Purpose

The establishment of financial responsibilities for the care of children is governed by New York State law, primarily through the Family Court Act and the Domestic Relations Law. These laws aim to ensure that both parents contribute to the economic well-being of their children following separation, divorce, or when parents are unmarried.

Determining Parentage (If Applicable)

In cases where paternity is not legally established, a proceeding to determine parentage may be necessary before a support order can be issued. This process typically involves genetic testing to establish a biological relationship. The New York State Department of Health provides resources and guidance regarding paternity establishment.

Calculating Support Obligations

New York utilizes the Child Support Standards Act (CSSA) to calculate the basic child support obligation. The CSSA considers the combined income of both parents and applies a percentage based on the number of children:

  • One child: 17%
  • Two children: 25%
  • Three children: 29%
  • Four children: 31%
  • Five or more children: No less than 35%

The calculated percentage is applied to the combined parental income up to a certain statutory cap, which is subject to periodic adjustments. Income exceeding this cap may be considered at the court's discretion. The CSSA also outlines adjustments for items such as child care expenses, health insurance costs, and extraordinary medical expenses.

Initiating a Support Proceeding

A support proceeding can be initiated by filing a petition with the Family Court in the county where the child or either parent resides. The petition must include relevant information about the child, the parents, and their financial circumstances. Assistance in completing the required forms may be available through the court clerk's office or legal aid organizations.

Relevant Agencies and Resources

  • New York State Office of Temporary and Disability Assistance (OTDA): Provides oversight and resources related to child support enforcement.
  • Local Support Collection Units (SCUs): Administer child support payments and enforcement activities at the county level.
  • Family Court: Hears and decides cases related to child support.
  • Legal Aid Societies: Offer free or low-cost legal representation to eligible individuals.

Enforcement Mechanisms

If a party fails to comply with a support order, various enforcement mechanisms are available, including income withholding, suspension of driver's licenses, interception of tax refunds, and contempt of court proceedings. The Support Collection Unit is responsible for enforcing support orders and can assist with initiating these actions.

Modifying an Existing Support Order

A support order can be modified if there has been a substantial change in circumstances, such as a significant increase or decrease in either parent's income, a change in the child's needs, or a change in custody arrangements. A petition for modification must be filed with the Family Court.