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NY State Child Support

Who May File a Petition for Child Support?

When parents live separately and one parent has custody of the child, that parent, called the "custodial parent", may file a petition in Family Court asking the court to enter an order for the "non-custodial parent" to pay child support.

A child who is not emancipated and is living away from both parents may file a petition against his or her parents asking for an order of support to be paid to the child. When a child is receiving public assistance benefits, or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition against the non-custodial parent or parents asking that the court enter an order for child support to be paid to the government agency while it continues to pay benefits for the child.

The party filing the petition is called the "petitioner" and the party from whom support is sought is the "respondent". The petition must be served upon (delivered to) the respondent, together with a summons indicating the date of the court hearing.

Both parties have the right to appeal the order by filing an "objection" within 30 days of the date the order is sent to them. The objection must be filed with the court clerk's office, with a copy sent to the other party. The other party may send a reply to the court. After reviewing the case file, a judge then rules on the objection. The judge may leave the order as it is, change it, or send the case back to the Support Magistrate for further proceedings. If either party disagrees with the judge's decision, the case may be appealed to a higher court.

Contact a Child Support Lawyer now for a free case review.