Filing a Child Support Petition in New York Family Court

If the parents are not married or want a quick resolution on support issues, either parent can file a petition in New York Family Court under Article 4.

Contents of a Family Court Child Support Petition

A sample petition is available on the New York Family Court website. The petition starts with the parent inserting their address, their child’s age, address, and custodial parent.

The parent informs the court about their relationship with the other parent, including whether they were married, have children in common, or any special circumstances.

If a previous support agreement was reached, the parent must inform the court and attach copies of that agreement.

The parent must also tell the court how they know the other parent is the biological mother or father of the child. If the parent’s name is on the birth certificate, there is a presumption that they are the father. The same presumption exists if the parents were married at the time the child was born. If paternity is contested, the parent needs to request an order of filiation, which is a DNA test.

The Petition gives the parent an opportunity to request that child support services garnish the other parent’s wages. This allows the state to take funds immediately out of the parent’s paycheck. A garnishment is a powerful tool if the parent has a history of late or nonpayments. There is a small fee associated with garnishing a paycheck.

The parent does not need to request a specific sum of money in the petition. The court will decide that figure at a hearing.

Support Magistrate vs. Family Court Judge

A child support petition in Family Court is normally heard by a Support Magistrate. The parents can agree to have the Support Magistrate rule on the case. This process is called “hear and decided”. If the parents do not agree, then the Support Magistrate writes a report that is sent to the judge for approval. The parents will have an opportunity to contest the findings in the Support Magistrate’s report before the judge. This is called “hear and report”.

Evidence in a Family Court Child Support Case.

The parent must submit a Financial Disclosure Affidavit with the petition. The parent can also submit:

• Tax returns;

• Recent pay stubs;

• Emails or text messages between the parents;

• Bank statements; and

• Credit card statements.

If one parent is an independent contractor or self-employed, then the other parent will want to input income on him, her, or they. This is done by showing corporate funds being used for personal items such as mortgage payments, telephone bills, and car lease payments.

Determining Support in Family Court

The Family Court uses the Child Support Standards Act to determine the amount of child support. The CSSA is a formula that shows the parent’s income, amount of support owed, and how the support should be divided.

Using Technology and Subpoenas in Family Court Child Support Cases

Discovery is limited in family court support matters so experienced attorneys like Daniel Szalkiewicz and Cali Madia know what documents are important to request. We have subpoenaed tech companies and internet banks to show funds received over the internet. Using subpoenas and tracking payment trials, we can potentially show where a parent is hiding money in order to raise the amount of child support.

Attorney Fees in Family Court of Support Petitions

A wealthy parent does not have the ability to outspend the other parent. As part of a Family Court petition, the parent can request attorney fees to help litigate the matter before court. The request for attorney fees ensures that the parent is able to receive the most money to help support their child.