Establishing Child Support In New York

nyc.gov, May 23, 2006

Every child is entitled to financial support from both parents. This is true even if the child’s parents do not live together and were never married. According to New York State law, the non-custodial parent is responsible for the financial support of the child until the age of 21, unless the child becomes emancipated or the court orders otherwise.

The Child Support Hearing

The child support order is decided at a hearing in family court before a Support Magistrate. It is not necessary to have a lawyer in family court, but you may hire one if you wish. If the hearing is for a family receiving public assistance, a lawyer will be present to represent the Department of Social Services. If necessary, paternity may be established in court, in addition to the child support order. Both parents are expected to attend the hearing and bring as much information as possible to enable the Support Magistrate to establish the child support order.

The custodial parent should bring as much of the following information as possible:

• Completed financial disclosure (in petition package) form showing earnings and expenses
• Proof of income and assets (i.e. pay stubs, tax returns, bank accounts and other investments and property holdings)
• Proof of household expenses such as rent and food
• Proof of medical, child care and education costs

The non-custodial parent should bring as much of the following information as possible:

• Document showing Social Security number and address
• Name, address and phone number of current or most recent employer
• Completed financial disclosure (in summons package) showing earnings and expenses
• Income and assets (i.e. Pay Stubs, Tax Returns, Bank Accounts and other investments and property holdings)
• Proof of Social Security, disability benefits, Unemployment Insurance
• Health insurance card
• Proof of any other children being supported

If the non-custodial parent fails to appear at court on the scheduled hearing date or provides insufficient documentation of income or expenses, the Support Magistrate can still establish a default child support order without knowing the exact financial situation. Therefore, it is in the noncustodial parent’s interests to ensure that he or she is present at all child support hearings. The non-custodial parent should contact the court ahead of time if he or she cannot make the hearing date, and request that it be rescheduled.