CHILD
SUPPORT
HANDBOOK
for Noncustodial Parents
Bill de Blasio
Steven Banks
NYCHRA
HRA NYC
NYCHRA
W-549c (E)
Rev. 07/16
© Copyright 2016. The City of New York, Human Resources Administration/Department
of Social Services. For permission to reproduce all or part of this material contact the
New York City Human Resources Administration.
Self-Support Reserve | Factor in
calculating child support in New York
State when either parent is at or near
the poverty level; the self-support
reserve is 135% of the federal poverty
level. The self-support reserve for
2016 is $16,038.
STEP
(Support Through Employment
Program)
| Provides job training and
placement for noncustodial parents
who are unable to pay child support
because they are unemployed or have
low paying jobs. Referrals to STEP may
be made at the child support hearing.
Stipulation | Written agreement by
parties on opposite sides of a case.
Summons | Notice stating that an
action against the recipient has been
started. A summons for a child
support hearing will tell the parent
where and when to show up, and
what information to bring.
Support Collection Unit (SCU) |
Division of the Office of Child
Support Enforcement responsible for
the collection, monitoring and
disbursement of child support
payments.
Support Magistrate | Attorney,
appointed by the local Family Court,
who can hear testimony and make
decisions in child support cases.
Support Order | Court-issued order
establishing child support obligation.
Support orders may be temporary or
final and subject to modification.
Support orders may include monetary
and medical support, child care,
education expenses, and payment of
arrearages, interest, penalties, and
other forms of relief.
T
Tax Refund Offset | Process by
which a noncustodial parent’s federal
or state tax refunds are taken to satis-
fy a child support debt.
Terminate an Order | End current
obligation; provided effective end date
of a child support order. Arrears must
still be paid.
U
UIFSA (Uniform Interstate Family
Support Act)
| Federal law enacted
in 1996 to ease the process of receiv-
ing child support payments across
state lines. It requires states to
cooperate with each other to get and
enforce child support orders; permits
states to enact direct income
withholding with employers in other
states; prevents multiple child
support orders being issued for the
same case in different states.
V
Vacate an Order | Set aside a
previous order, as if it never existed.
W
Wage Withholding | Automatic
deduction from income that starts as
soon as an IEX (Income Execution)
notice is sent to the employer.
Willful Non-Payment | The
noncustodial parent deliberately fails
to pay court-ordered child support
even though he/she can afford it.
TABLE OF CONTENTS
INTRODUCTION
2
CHILD SUPPORT & FAMILY COURT 3
PATERNITY 3
GOING TO COURT 5
PAYING YOUR CHILD SUPPORT ORDER 10
WHERE THE PAYMENTS GO 14
CUSTODY & VISITATION 15
NONCUSTODIAL PARENT EARNED INCOME TAX CREDIT 15
CHANGING YOUR CHILD SUPPORT ORDER & DEBT OWED 16
FALLING BEHIND ON PAYMENTS 19
TERMINATING THE CHILD SUPPORT ORDER 22
INFORMATION & RESOURCES FOR NONCUSTODIAL PARENTS 24
ACKNOWLEDGMENT OF PATERNITY FORM 27
SAMPLE CHILD SUPPORT ORDER 28
GLOSSARY OF CHILD SUPPORT TERMS 30
36
INTRODUCTION
Every child should be able to count on both parents for love and support. That’s
true even when both parents do not live together or were never married to each
other. It’s best to be involved with your child from birth, but it’s never too late to
become a responsible and caring parent. Part of being a responsible parent is
providing nancial support for your children.
The Ofce of Child Support Enforcement (OCSE) puts children rst by helping
parents assume responsibility for the economic and social well-being and health
and stability of their children. We recognize the value of improved relationships
with both parents.
Services to custodial parents (parents living with and caring for their children)
include locating the noncustodial parent (parent living outside the household),
establishing paternity, serving the summons, helping to establish court-ordered
child support and medical support, and collecting and enforcing those orders.
OCSE assists noncustodial parents by offering programs to help them meet their
child support obligations and manage their child support cases. Services are
provided to all parents regardless of income or immigration status.
Although most noncustodial parents are fathers, it is not always the case. In
some families, the father is the custodial parent and the mother is the noncusto-
dial parent. In other families the grandparents, or other relatives, are the primary
caretakers and both the mother and father are considered noncustodial parents.
The information in this handbook is for all noncustodial parents. We encourage
you to read this handbook and learn about your rights and responsibilities
throughout the child support process. This knowledge will help you make
informed decisions and manage your child support case to achieve the best
outcomes for your children.
Paternity Petition | Formal written
application to a court requesting
judicial action to determine legal
fatherhood of a specific man for a
specic child.
Payee | Person or organization in
whose name child support money is
paid, e.g., the child’s grandmother.
Payor | Person who makes a
payment, usually a noncustodial
parent or someone acting on his/her
behalf. Also known as the obligor.
Petition | Formal written request to
a court to initiate a court action.
Petitioner | Person or organization
that les a formal request to initiate a
court action.
PIN
(Personal Identication Number) |
Unique identication number assigned
to clients in order to access their child
support account information from the
New York State child support website
(newyorkchildsupport.com) and
helpline (888-208-4485).
Poverty Level | Level of income
considered too low to purchase life’s
necessities according to the federal
government. The 2016 poverty level
for a single person is $11,880. For
each additional person in the family,
$4,160 is added.
Property Execution (PEX) |
Administrative process by which the
Ofce of Child Support Enforcement
(OCSE) seizes the nancial assets,
usually bank accounts, of a noncusto-
dial parent who is delinquent in paying
child support.
Pro Rata Share | The portion of the
total amount that each parent must
pay for items included in the child
support order like child care or unreim-
bursed medical expenses.
Pro Se | Latin meaning ‘for oneself’;
someone who represents him/herself
in court without an attorney.
Putative Father Registry (PFR) |
Record of fathers kept by New York
State. Examples of documents that are
stored at the PFR are Acknowledg-
ments of Paternity (AOP), court orders
establishing paternity, and non-legally-
binding statements regarding paterni-
ty. The PFR may be consulted on issues
of inheritance, adoption and any other
legal issues that require notifying a
child’s father.
R
Recipient | Person or organization
that receives support funds and/or
public assistance benets, including
cash assistance, Food Stamps,
Medicaid, etc.
Reciprocity | Relationship in which
one state or country grants certain
privileges to other states or countries
on the condition that they receive the
same privilege.
Relief | Legal remedy.
Respondent | Person who responds
to the petition. This is whichever party
is led against for relief.
Retroactive Support | Child
support that is ordered to be paid back
to a past date, usually the date that
the petition was led. Retroactive
support creates an immediate debt.
S
Sanction | Penalty for violation or
lack of cooperation. At OCSE, refers to
a reduction of benets imposed on a
cash assistance client for not cooperat-
ing with child support requirements.
2 35
Modication Petition | Formal
written application to a court request-
ing a change in an existing child
support order.
Money Judgment | Specic amount
of arrears set by the Support Magistrate,
in a formal judgment, which accrues 9%
interest annually. A money judgment
may be led with the County Clerk’s
Ofce.
N
National Medical Support Notice
(NMSN) | Notice sent to the noncus-
todial parent’s employer requiring that
health insurance coverage be provided,
where available.
New Hire Reporting | Program
that requires all employers to report
newly hired employees to the New
York State Directory of New Hires for
possible enforcement of child support
and medical support obligations by
wage deductions.
Noncustodial Parent (NCP) |
Parent who does not live with and is
not the primary caretaker of a minor
child.
Notarize | To certify something, such
as a signature, on a legal document as
authentic or legitimate by affixing a
stamp and signature.
Nunc Pro Tunc | Latin meaning
‘now for then’ – it refers to changing
the date of an order, judgment, or
ling of a document, back to an earlier
date.
O
Objection | Written claim, disagree-
ing with specific items in an order.
Must be led within 30 days of receipt
of the order.
Obligation Amount | The amount
of child support that the noncustodial
parent is required to pay.
Ofce of Child Support
Enforcement (OCSE) | Division
of the Human Resources Administra-
tion responsible for obtaining and
enforcing child support orders for
families living in New York City.
Order | Written signed direction
of a Support Magistrate or Judge.
Order of Filiation | Court order
that establishes a legal father.
Order of Protection | Court direc-
tive that prohibits contact/communica-
tions by one party to another party.
Order on Consent | Order agreed
to by both parties in an action. At a
child support hearing, the parents may
agree to an order amount that is
different from the Child Support
Standards Act guidelines.
P
Parent Locator Services | Comput-
erized network of state databases
used to locate respondents in child
support cases.
Party | Person or organization
directly involved in a legal matter.
Pass-Through Payment | Cash
assistance recipients with child
support orders may receive up to $100
per month ($200 if there are two or
more children receiving child support)
of the support collected in the same
month that it is owed; also called
bonus payment or child support
“disregard.”
Paternity | Legal determination of
fatherhood. Paternity must be estab-
lished before child support or medical
support can be ordered.
Child Support
& Family Court
Many people think that Family Court
and OCSE are part of the same agency.
That is not true. Each has different
functions in the child support process.
The Ofce of Child Support Enforce-
ment (OCSE) is part of the New York
City Human Resources Administration
(HRA), an agency of the City of New
York. OCSE is the rst stop in the child
support process for custodial parents.
Once an application for services is led,
OCSE starts the child support case.
OCSE establishes paternity through a
voluntary process, locates noncustodial
parents, and serves summonses. After
the child support order has been estab-
lished in court, OCSE monitors, collects,
and distributes the payments. When
payments fall behind, OCSE has the
authority to enforce orders through
administrative means.
Family Court is part of the New York
State Unied Court System. The court’s
role in child support is to process
petitions, set hearing dates, establish
orders of liation (if paternity has not
been established through the volun-
tary process), establish new child
support and medical support orders,
and make changes to existing ones.
When payments fall behind, a violation
petition may be led and the court
may enforce the order through judicial
means. A request to either raise or
lower the amount of a child support
order must be made by ling a
modication petition in court. OCSE
cannot make those changes for you.
Paternity
Paternity means fatherhood. Establish-
ing paternity refers to the legal identi-
cation of the biological father when
parents are not married to each other.
Paternity can be established anytime
before the child turns 21. There are no
age restrictions for parents establish-
ing paternity. Teen parents can estab-
lish paternity without their parents’
consent or signatures.
Why You Should Establish
Paternity
•To give your child benefits like:
health insurance, child support,
social security, military allowance,
pension, the right to inherit from
you, and have access to your family
medical history.
•To have the father’s name on the
child’s birth certicate.
•For the right to ask for visitation
or custody through Family Court.
•For the right to be consulted about
decisions concerning the child’s
future if the custodial parent is
unable to care for the child.
How to Establish Paternity
VOLUNTARY ACKNOWLEDGMENT
OF PATERNITY
If both parents agree, they can sign an
Acknowledgment of Paternity (AOP) as
soon as the baby is born. Acknowledg-
ing paternity in the hospital, when the
baby is born, means that the
34 3
father’s name will appear on the birth
certicate right away. Otherwise, that
area of the birth certicate is left blank.
After the baby goes home from the
hospital, paternity can still be estab-
lished through the voluntary process
by contacting OCSE or the New York
City Department of Health and Mental
Hygiene (DOHMH). If paternity is
established after the baby has left the
hospital, the birth certificate will be
amended to include the father’s name
and change the child’s last name, if
requested.
• Parents do not have to sign the AOP
at the same time.
• Paternity can be established even
if you are in the military, in jail,
or out of the country.
• If you are not sure that you are the
father, do not sign the AOP form.
Request a DNA test and wait for the
results before making that decision.
CANCELING
THE ACKNOWLEDGMENT
OF PATERNITY (AOP)
•
Once the AOP is filed with the
DOHMH, it becomes a legal
document. If you change your mind
about establishing paternity, you
have to go to court to file a
petition to cancel the AOP.
If you were 18 years or older when
you signed the AOP, you must file
by the earlier of
−
60 days after signing the AOP, or
−
60 days after having to answer
any court petition about the child.
If you were younger than 18 years
when you signed the AOP, you
must file by the earlier of
−
60 days after reaching age 18, or
−
60 days after having to answer
any court petition about the child
if you were advised of your right to
cancel the AOP at a proceeding
related to the child.
• After these time limits have passed,
the only way to challenge the
Acknowledgment of Paternity in
court is to show proof of fraud,
duress, or material mistake of fact.
Even then, the court could decide it
is in the child’s best interest not to
order genetic tests.
PATERNITY ESTABLISHMENT
IN COURT
It may be necessary to establish
paternity in court if:
• Parents are unable to agree about
signing the AOP form.
• The mother is still legally married
to someone else, even though she
knows that her husband is not the
father of the child.
• There is doubt about the identity of
the father and either parent refuses
DNA testing.
• You are in court for a child support
hearing and paternity has not already
been established.
Either parent may file a petition to
establish paternity in court. You can go
to court to le the petition or go online
to New York State DIY (Do-It-Yourself)
Forms at www.nycourthelp.gov to ll
H
Hearing | Legal proceeding held
in front a judge. The judge at a child
support hearing is called a Support
Magistrate.
I
Income | Any regular form of
payment to an individual, regardless
of source, including salaries, commis-
sions, bonuses, unemployment insur-
ance, worker’s compensation, disabili-
ty, pension, or interest. Cash assistance
and SSI benets are not considered
income.
Income Execution (IEX) | Adminis-
trative process by which a noncusto-
dial parent’s child support payments
are deducted directly from his/her
wages or other income and sent to the
Child Support Collection Unit. May be
referred to as wage withholding, gar-
nishment, or payroll deductions.
Intercept | Method of securing child
support by taking a portion of non-
wage payments made to a noncusto-
dial parent. Non-wage payments
subject to interception include tax
refunds and lottery winnings.
Interstate Cases | Cases in which
the dependent child and noncustodial
parent live in different states and
where two states are involved in some
child support case activity, such as
establishment or enforcement.
J
Job Center | Entry point for people
seeking cash assistance. Provides on-
site access to job search, training, and
placement and benets like Medicaid
and Food Stamps. OCSE receives refer-
rals from Job Centers for clients who
are required to cooperate with the
child support program.
Judgment | Ofcial decision or
nding of a Judge or Support Magis-
trate.
Jurisdiction | The legal authority
which a court or administrative agency
has over particular persons and over
certain types of cases, usually in a
defined geographical area.
L
Legal Father | Man who is recog-
nized by law as the male parent of a
child. In order to be recognized as the
legal father, paternity must be estab-
lished if the parents are not married
to each other.
Lien | Claim upon property to
prevent sale or transfer until a debt
is paid up.
Locate | Process by which a noncus-
todial parent is found, for the purpose
of establishing paternity and establish-
ing and/or enforcing a child support
obligation.
Long Arm Jurisdiction | Legal
provision that permits one state to
claim personal jurisdiction over
someone who lives in another state.
Lottery Intercept | Process by
which a noncustodial parent’s lottery
prize winnings are sent to the Ofce
of Child Support Enforcement to satisfy
past-due support obligations.
M
Medical Assistance (Medicaid)
Only (MAO) | Form of public assis-
tance that provides benets to recipi-
ents only in the form of medical, rather
than nancial, assistance.
Medical Support |
Legal provision
for medical coverage to be included in
a child support order.
4 33
taken up at a later date in court. For
example, there is no summons service.
Dismissal with Prejudice | The
facts of a petition are found to have
no merit and the case is absolutely
dismissed from court. For example:
DNA proves that the respondent is
not the biological father.
Disposable Income | Amount of
income left over after taxes and
Medicare and FICA and pension plan
payment deductions are taken out.
DNA Test | Analysis of inherited
factors to determine if a particular man
is the child’s father; DNA samples are
taken from inside the cheek of the
father, mother, and child using a
specially designed swab.
Docket Number | Number assigned
by the court to identify the case.
E
EBT (Electronic Benet Transfer) |
Method by which the New York State
Ofce of Temporary & Disability Assis-
tance (OTDA) delivers cash and food
stamp benets to recipients. Benets
are accessed using an ID card and PIN.
Emancipated | A child is not living
with his/her parents and has a source
of income, or is in the military, or is
married.
Enforcement | Application of
remedies to obtain payment of a child
or medical support obligation
contained in a child support order.
Examples of remedies include seizure
of assets, suspension of driver’s
license, denial of U.S. passport, etc.
Establishment | Process of proving
paternity and/or obtaining a court order
to put a child support obligation in place.
F
Family Court Support Services
(FCSS) | Division of OCSE that
handles the intake of local non-cash
assistance child support cases.
Family Support Act | Law passed
in 1988 that mandates immediate
wage withholding on child support
orders and requires states to use
guidelines to decide the amount of
support for each family.
Federal Parent Locator Service
(FPLS) | Computerized national
location network service that helps
states locate noncustodial parents by
matching database information; FPLS
can provide information helpful to
establishing custody, paternity, and
child support and for adoption and
foster care issues.
Financial Disclosure Afdavit |
Document given to both parties in a
child support case, requesting detailed
nancial, wage, and expense
information; used by the court to
determine child support, medical
support, childcare and other parts of
the child support order.
Findings of Fact | Notes and calcu-
lations used by the Support Magistrate in
establishing a child support order.
G
Garnish | Legal proceeding under
which part of a person’s wages and/or
assets is withheld for payment of a
debt like child support.
Good Cause | Legal reason for
which a cash assistance applicant or
recipient is excused from cooperating
with child support.
out a paternity petition through an
interactive computer program. Once
you download and sign the petition,
you can bring it, or mail it, to Family
Court. You will be given a hearing date
and instructions about what to do
next. When paternity is established at
a court hearing, an Order of Filiation is
issued and led with the DOHMH. The
birth certificate will be amended to
include the father’s name and change
the child’s last name, if that is requested.
PUTATIVE FATHER REGISTRY
Once paternity is established, that
information is forwarded to the New
York State Putative Father Registry
(PFR), which keeps a record of legal
fathers for the State. The PFR may be
consulted in issues of inheritance,
adoption or any other legal issues
that require notifying a child’s father.
DNA TESTING
• If there is any doubt about the
identity of the biological father,
ask for a DNA test. Contact the birth
registrar in the hospital where the
baby was born, or the OCSE
Outreach and Paternity Services
Unit at 929-221-5008. If you are
going to court for a child support
hearing, the Support Magistrate may
order a DNA test if it is necessary.
• You will be referred to a state-certi-
fied laboratory for low-cost DNA
testing. A swab is used to take DNA
samples from inside the cheeks of
the baby and both parents; the test
is quick and painless.
• You do not have to go to the lab the
same day as the other parent; if you
are under 18, the lab may require
you to have one of your parents
accompany you.
• Results will be sent to you by mail
approximately 2 weeks after the lab
receives all of the samples.
• If you are already paying court-ordered
child support and want a DNA test,
that request must be made in court.
If a DNA test proves that you are not
the biological father, the order will
not be automatically terminated. A
court hearing will be required and a
decision will be made that is in the
best interests of the child.
Going to Court
Child support orders are legal
documents that are established in
court. Either parent may le a petition
in Family Court for a child support
hearing. If the custodial parent and/or
child are applying for or receiving cash
assistance, the Department of Social
Services (also known as the Human
Resources Administration, HRA) will
automatically le a petition on behalf
of the child. Custodial parents receiv-
ing cash assistance are required to
cooperate with child support in order
to get full benets for their families.
Custodial parents who do not comply
with child support requirements may
have their cash benets reduced by 25%
and lose Medicaid for themselves.
Custodial parents may be excused
from cooperating if there is “good
32 5
cause,” which usually means there is
fear of domestic violence.
For more information about child support
hearings, please see the online video at
http://www.youtube.com/watch?v=7G_
5uOvMCj4
What You Need to Know
About the Court Hearing
• When a petition for paternity or child
support is filed, you will receive a
summons, either by mail or in person.
It will include the date, time, and
location of the hearing as well
a Financial Disclosure Afdavit for you
to ll out, and a list of documents
you should bring to the hearing.
• For useful information on the court
process and guidance on how to
complete the forms, see the website
of Legal Information for Today:
www.liftonline.org.
• OCSE’s Cash Assistance Agreement
Pilot (CAAP) enables cash assis-
tance families in all five boroughs
to establish paternity, child support
orders, and medical support orders
at OCSE’s Customer Service Walk-in
Center. Agreements are signed and
forwarded to the Family Court for
approval, often without parents
having to appear in court.
• You will
not
be asked about your im-
migration status in court or at any other
time during the child support process.
• Bring as much information as you
can about your income and expenses.
A Support Magistrate will listen to
testimony from both parents, review
the information presented and use
the New York State Child Support
Guidelines to calculate the amount
of the child support order.
• Family Court is separate from Criminal
Court and information is not shared.
• It is not necessary to have a lawyer
in Family Court but you may hire one
if you wish. If the custodial parent
and/or child are receiving cash
assistance, a lawyer will be there to
represent the Department of Social
Services. That’s because when cash
assistance is involved, the petition
requesting child support services is
filed by the Department of Social
Services, not the custodial parent.
Why You Should Show up
at the Hearing
• You are required to be present at
the hearing. If you are unable to be
there, contact the court and ask that
the date be changed.
• If you do not provide sufcient nan-
cial information or fail to show up, the
Support Magistrate can still order you
to pay child support by issuing a de-
fault order. Since a default order is not
based on your exact income, it may be
more than you can afford to pay.
• Once a default order is issued, you
can le a petition in court to have it
lowered. Until then, the amount of
child support you owe will increase
if it is not paid and the order may
become eligible for strong enforce-
ment actions.
• If you think that you are not the
father, go to the hearing and ask
for a DNA test.
Change of Circumstances |
Unexpected change in noncustodial
parent’s financial situation due to
injury, illness, or sudden loss of
employment which affects their ability
to pay their court-ordered child
support; grounds for ling a downward
modication in court.
Change of Payee | Allows for
private child support payments to be
sent to OCSE for processing, record
keeping, distribution, and enforcement.
Child Support Standards Act
(CSSA) | Legislation passed in 1989
to make child support orders fair and
consistent throughout New York State
by standardizing the formula for calcu-
lating basic child support orders.
COLA
(Cost of Living Adjustment) |
Increase to a child support order,
without a court hearing. COLA is based
on changes in the Consumer Price
Index for Urban Areas (CPI-U), which
keeps track of day-to-day living expenses
like food, clothing, housing, etc.
Concurrent Jurisdiction | An order
which allows more than one court to
make decisions about and modify a
child support order. This may happen
with New York State Supreme Court
and Family Court.
Consumer Credit Protection Act
(CCPA) | Federal law that limits the
amount that may be withheld from
earnings; it takes into consideration:
net income after mandatory taxes are
taken out, the amount of arrears
owed, and whether an additional
family is being financially supported.
Court Order | Legally binding
document issued by a court of law. A
court order related to child support will
include how often, how much, how
long and what kind of support the
noncustodial parent must pay and
whether an employer must withhold
support from their wages.
CPI-U (Consumer Price Index for
Urban Areas) | Tracks the prices
of items like food, clothing and
housing on an annual basis. Cost of
Living Adjustments (COLA) are based
upon the yearly changes in the CPI-U.
Custodial Parent (CP) | Parent,
relative, or guardian who lives with
and is the primary caretaker of the
child or children.
Custody | Legal determination that
establishes with whom the child shall
live: the mother, father, or other adult.
D
Decree | Judicial decision of a court.
Default Order | Child support order
issued when the noncustodial parent
fails to provide sufficient information
or fails to appear in court, and proof of
summons service has been provided.
Delinquency | An amount of money
due on a child support case but not
paid.
Dependent | A child who is under
the care of someone else. Most
children who are eligible for child
support are dependents.
Direct Pay Order | Child support
order is payable directly from the
noncustodial parent to the custodial
parent.
Disbursement | The paying out of
collected child support funds to custo-
dial parents or to the Department of
Social Services if the client is receiving
cash assistance.
Dismissal without Prejudice |
Petition is dismissed now but may be
6 31
Glossary of Child
Support Terms
A
Absent Parent | Person who is
absent from the home and is legally
responsible for providing financial
support for a dependent child (also
referred to as the noncustodial
parent, nonresident parent, and
respondent in court case).
Accrual | Sum of child support
payments that are overdue.
Acknowledgment of Paternity
(AOP) | Form that establishes the
paternity (legal fatherhood) of a child
through a voluntary process, without
going to court. It must be completed
and signed by both parents.
Additional Amount
(also called
Add Amount)
| Amount to be paid
by income execution in addition to
the regular child support obligation in
order to satisfy the delinquency on an
account.
Adjournment | Temporary
postponement of the hearing until a
specic date in the future.
Administrative Process | Method
by which support orders are enforced
by OCSE instead of by courts and
judges.
Afdavit | Written statement of fact
made voluntarily under oath.
Allocated Child Support Order |
Order that lists each party of the order
(children, spouse) with a specific
amount assigned for each dependent.
Amend | Change to a legal document.
Arrears | Amount of child support
that is overdue and unpaid.
Assignment of Support Rights |
Person agrees to turn over to the State
any right to child support payments
that accrue while in receipt of cash
assistance in exchange for cash assis-
tance and other benets.
B
Basic Child Support Obligation |
Amount of the child support order
based on a fixed percentage of
parental income, before medical
support and expenses for child care,
and/or educational expenses are
added on.
Bonus Payment | Cash assistance
recipients with child support orders
may receive up to $100 per month
($200 if there are two or more children
receiving child support) of the child
support collected in the same month
that it is owed. (See also
Pass-Through
Payment
.)
Burden of Proof | Duty of a party to
produce the greater weight evidence
on a point at issue.
C
Cash Assistance | Government
benefit providing financial support
for very low-income individuals and
families, administered in New York City
by HRA (Human Resources Administra-
tion). Cash assistance is delivered to
clients electronically by EBT (Electronic
Benet Transfer).
Cash Undertaking | As the result of
a court hearing, a noncustodial parent
may be ordered to pay a cash deposit
to OCSE’s Support Collection Unit of
up to 3 years’ worth of child support
payments. Payments can be taken out
of this deposit if the noncustodial
parent fails to pay support regularly.
30
Documents You Will Need
Bring as much of the following infor-
mation as you can:
• Document showing your name and
social security number or ITIN (Individ-
ual Taxpayer Identication Number)
• Completed Financial Disclosure
Afdavit that came with your
summons
• Proof of address
• Name, address, and phone number
of current or most recent employer
• Health insurance card
• Proof of income/benets:
−
3 most recent pay stubs
−
W2 form
−
Letter from employer verifying
employment and salary
−
Copy of most recent tax return
with attachments
−
Social security or other disability
benets
−
Unemployment insurance benets
−
Bank statements
• Proof of any other children or former
spouse being supported
• Proof of household expenses, unpaid
bills, and loans
Presenting Yourself in Court
When you go to court, you want the
Support Magistrate to listen to what
you have to say and make a fair
decision. If you want to be taken
seriously, you must be respectful of
the court:
• Arrive on time.
• Wear appropriate clothing like a
shirt with a collar and sleeves, and
long pants.
• Be prepared with a list of important
things you want to say.
• Speak when it is your turn; do not
speak directly to the custodial
parent; be direct and to the point
since time is limited.
How Much Child Support
You Can Expect to Pay
The New York State Child Support
Standards Act (CSSA) sets the basic
child support amount at a fixed
percentage of the parents’ income.
Using these percentages ensures that
children benefit from the same
standard of living they would have if
their parents were living together. This
percentage is used for all cases where
the parents’ combined income does
not exceed $143,000. For combined
income above $143,000, the Support
Magistrate can choose whether or not
to use the percentage guidelines, and
may consider other information in
setting the full support amount.
HOW THE AMOUNT OF THE
ORDER IS CALCULATED
The basic support amount is a percent-
age of your gross income minus NYC
taxes, social security and Medicare
deductions, and any child or spousal
support actually paid to another family.
It also depends on how many children
are involved. Income can be salary
from a job, worker’s compensation,
disability payments, unemployment
benets, social security payments, and
many other forms of income. Cash
assistance and SSI are not considered
income.
8 29
Docket No: F-XXXXX-XX
4
-7
Name Social Security # Date of Birth Amount
c
hildren:
Child XX/XX/XXXX
T
otal Child Support: $XX.XX weekly
O
RDERED that the payor, custodial party and any other individual parties immediately notify the Support Collec-
tion Unit of any changes in the following information: residential and mailing addresses, social security number,
t
elephone number, driver’s license number; and name, address and telephone numbers of the parties’ employers
and any change in health insurance benefits, including any termination of benefits, change in the health insurance
benefit carrier or premium, or extent and availability of existing or new benefits; and it is further
O
RDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law
and Rules, or in any other manner provided by law; and it is further
ORDERED that Noncustodial Parent pay additional expenses as follows:
Expense/Payee Payment Payable
Unreimbursed Health Related/
Custodial Parent XX % Via SCU
Child Care/
Custodial Parent XX % Direct
IT IS FURTHER ORDERED that all payments payable through the Support
Collection Unit shall be mailed to: Support Collection Unit, PO Box 15363,
Albany, NY 12212- 5363;
IT IS FURTHER ORDERED that a copy of this order be provided promptly by the Support Collection Unit to
the New York State Case Registry of Child Support Orders established pursuant to Section 111-b(4-a) of the
Social Services Law; and it is further ORDERED that this is a $XX per week order of support from 10/8/04
until it increased on1/28/05.
NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST
OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN
TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON
THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON
APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLEC-
TION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE
COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING
TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON
RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE
PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING
THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT.
(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND
ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-
FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT
FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF
ADJUSTMENT FINDINGS.
(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COL-
LECTION UNIT WITH A CURRENT ADDRESS TO WHICH AN ADJUSTED ORDER CAN BE SENT, AS RE-
QUIRED BY SECTION 443 OF THE FAMILY COURT ACT, THE SUPPORT OBLIGATION AMOUNT
CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE
UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCUR-
RING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF WHETHER OR NOT
THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.
Dated: October 4, 2004 ENTER
Family Court, Support Magistrate
Check applicable box:
Order mailed on [specify date(s) and to whom mailed]: __________________
Order received in court on [specify date(s) and to whom given]:____________
PART
E
c
ont’d
PART
F
PART
G
Notice
t
o inform
Agency
of any
c
hange
i
n your
residence,
e
mployment,
etc.
Expenses in addition to the
basic child support amount:
Medical
Child care
Education
Where to send payments until
they come through your job
Cost of
Living
Adjustments
(COLA)
Name
and seal
of Support
Magistrate
Summary
of court
ndings
For example, if you earn $35,000 a
year after the deductions allowed by
CSSA, and have 1 child, the basic child
support order amount will be approxi-
mately $115 per week. For two children
in the same family, the order would
increase to $168 per week.
In addition to the basic obligation
amount, the child support order must
include medical support, which means
health care costs for the child like health
insurance premiums, deductibles, and
co-payments; medical support costs
are divided between the two parents,
according to their income. Either
parent may be required to enroll the
child in a health insurance plan, if it is
available through their jobs.
The insurance must be available at a
reasonable cost to the employee and
the medical services must be available
where the child lives. Reasonable
education and day care expenses for
the child may also be included in the
child support order. These expenses are
usually divided between the two
parents according to their income.
The effective date of any child support
order is the date that the petition was
led, not the date that the order was
established in court. For example, if
a petition was filed on October 1,
and a child support order for $115 per
week was established at a hearing on
December 5, the noncustodial parent
would start out already owing more
than $1,000 in retroactive child
support.
Child Support Order Amounts for
Low-Income Noncustodial Parents
It is very important to show up at the
hearing and bring your nancial infor-
mation, so the Support Magistrate can
establish an order based on your income.
• If your yearly income is below the New
York State self-support reserve (SSR)
($16,038 for 2016), your child support
order may be established at $50 per
month. The SSR and the federal
poverty level change every year.
• If your yearly income is below the
federal poverty level for one person
($11,880 for 2016), your child support
order may be established at $25 per
month and the amount of arrears
you owe will be limited to $500.
• If you have a low-paying job or no
job, the Support Magistrate may
refer you to the Support Through
Employment Program (STEP). You
will be referred to an organization
that will help you get a job. Once
you start making more money, the
amount of your child support order
may be increased at a court hearing.
After the Hearing Is Over
• If a child support order is established,
you will be given a payment instruc-
tion sheet, stating the amount of
your child support order and how
to start making payments. In most
28 9
F
.C.A. §§ 413, 416, 433, 438, 4-7 11/2002
439, 440,442-447, 471; Art.5-B,
A
t a term of the Family Court of the State of New
York, held in and for the County of Richmond, at
100 Richmond Terrace, Staten Island, NY 10301,
o
n October 4, 2004
P
RESENT: Family Court, Support Magistrate
In the Matter of a Support Proceeding File #: XXXXX
Docket #: F-XXXXX-XX
CSMS #: XXXXXXXXX
Custodial Parent, SSN: XXX-XX-XXXX,
Petitioner, ORDER OF SUPPORT
– against –
Noncustodial Parent, SSN: XXX-XX-XXXX,
Respondent.
NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIM-
INAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPEN-
SION OF YOUR DRIVER’S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND
OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPO-
SITION OF REAL OR PERSONAL PROPERTY LIENS.
SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS
OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER
WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER.
The above-named Petitioner having filed a petition in this Court on June 22, 2004, alleging that Noncustodial
Parent is chargeable with the support of:
Name Date of Birth
Child’s Name XX/XX/XXXX
Noncustodial Parent having appeared before this Court to answer the petition, having been advised by the
Court of the right to counsel, and to show why an order of support and other relief prayed for in the petition
should not be granted; and Noncustodial Parent having admitted the allegations of the petition; and the matter
having duly come on to be heard before this Court;
NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs
and testimony offered in relation thereto, the Court finds that: Noncustodial Parent is the Noncustodial party,
whose pro rata share of the basic child support obligation is $XX.XX weekly for the following child:
Name Child Date of Birth Social Security #
And the Court finds further that: The Noncustodial party’s pro rata share of the basic child support obligation
is neither unjust nor inappropriate;
Noncustodial Parent is currently unemployed;
NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs
and testimony offered in relation thereto, it is
ORDERED AND ADJUDGED that effective January 28, 2005, Noncustodial Parent is chargeable with the
support of the following person(s) and is possessed of sufficient means and able to earn such means to provide
the payment of the sum $XX.XX weekly to Custodial Parent by certified check or money order payable to
the Support Collection Unit, such payments to commence on January 28, 2005, for and toward the support of
Noncustodial Parent’s children, allocated as follows:
Sample of Child Support Order
PART
A
F
amily Court
Act laws that
govern the
court hearing
PART
B
PART
C
PART
D
Form number and date of issue
Child support case
and court identifying
information
Type of order
Parties involved
Filing
an
objection
Noncustodial parent’s employment status
Effective
date of
the child
support
order
(Your date
will be
different)
C
ourt
address
a
nd the
h
earing
date
The person who will receive the child support payments
PART
E
1 child…………17%
2 children………25%
3 children………29%
4 children………31%
5 or more………at least 35%
LDSS-4418 (Rev. 1/14)
New York State Office of Temporary and Disability Assistance
New York State Department of Health
P
ursuant to Section 4135-b of Public Health Law
Recorded District_________________________
H
ospital Code (PFI Number) _______________
R
egister Number _________________________
ACKNOWLEDGMENT OF PATERNITY
(
Please type or print clearly in blue or black ink.)
Check where signed: Hospital Child Support Office Birth Registrar Other
CHILD
First
name
Last
n
ame
Facility of birth City of birth
C
ounty of birth
M
iddle
name
Sex
Male Female
Date of birth (MM/DD/YYYY)
/ /
I
f the child’s birth certificate was already filed and you wish to change the child’s last name, complete the following section:
Last name on
original birth certificate
New
last name
W
e understand that signing this Acknowledgment of Paternity is voluntary and will establish paternity of our child and have the same force and effect
as an order of filiation determining paternity and entered after a court hearing including an obligation to provide support for our child. Except that
only if this Acknowledgment of Paternity is filed with the Registrar where the birth certificate is filed will the Acknowledgment of Paternity have such
force and effect with respect to inheritance rights. We have received written and oral notice of our legal rights (including the timeframes to withdraw),
responsibilities, alternatives and the consequences of signing the Acknowledgment of Paternity, and we understand what the notice states. A copy of the
written notice has been provided to us. We certify that the information we provide below is true.
FATHER
First
name
Street address (house/apt. number)
Middle
name
Date of birth (MM/DD/YYYY)
I hereby acknowledge that I am the biological father of the child named above.
WITNESS SECTION
(Witness cannot
be related to
mother or father.)
Signature
City
State Zip
Place of birth
City
State
Country
Social Security number
Date (MM/DD/YYYY)
Witness Signature
Print Name
Date (MM/DD/YYYY)
/ /
Witness Signature Print Name
Date (MM/DD/YYYY)
/ /
MOTHER
First
name
Street address (house/apt. number)
Date of birth (MM/DD/YYYY)
I hereby consent to the Acknowledgment of Paternity for my child named above, and acknowledge that the man named
above is the only possible father of my child who was born to me. I state that I was not married at any time during the pregnancy
or when the child was born OR, I state that I have subsequently married the child’s biological father.
Signature
City
State Zip
Place of birth
City
State
Country
Social Security number
Date (MM/DD/YYYY) / /
Witness Signature
Print Name Date (MM/DD/YYYY)
/ /
Witness Signature
Print Name
Date (MM/DD/YYYY)
/ /
Maiden name (last name only)
For Official Use Only
The above Acknowledgment of Paternity is hereby filed with the ________________________________________ registrar on _____/_____/_____.
If this document is to amend a birth certificate, I certify that I have examined the original record this seeks to amend and the information on this docu-
ment matches. There are no omissions or apparent errors that render it unacceptable for amending the birth record. This document is therefore approved.
_______________________________________________________________________ _____/_____/_____
State Registrar/Deputy City Registrar Signature MM/DD/YYYY
/ / - -
/ /
/ /
- -
Last
name
Middle
name
Last
name
WITNESS SECTION
(Witness cannot
be related to
mother or father.)
cases, you will be given a copy of
the order on the same day as the
hearing. If that isn’t possible, the
order may be mailed to you or you
may go back to court at a later date
to request a copy.
• Read your child support order, make
sure you understand it, and keep a
copy. If you disagree with the child
support order, you have 30 days from
the date of the order to le a written
objection in court. A judge will review
the case record and decide if the
order is correct or should be changed.
A sample of a child support order is
provided in the back of this booklet.
• After the order has been entered into
the child support computer system,
you will receive a letter in the mail
telling you how much you have to
pay and how payments are to be
made. Read this letter carefully to
make sure that all of the information
is accurate. Contact OCSE with any
corrections.
• You can go to childsupport.ny.gov,
login, and see the status of your
account, including information about
payments.
Paying Your Child
Support Order
How Payments Are Made
You are responsible for paying your
child support order. If you are working,
a notice will be sent to your employer
with instructions for taking child
support payments from your salary
and sending the money to OCSE.
Child support payments can also be
taken directly from other sources of
income including pension, military
allowance, social security, disability,
and unemployment insurance. Child
support payments cannot be taken
from cash assistance or SSI benefits.
If your child support order includes
medical support, a notice will be sent
to your employer to deduct the cost of
the health insurance benets for your
child from your paycheck.
• It may a take a few weeks from the
time that the child support order is
established until payments are de-
ducted from your paycheck. Until
then, you will be expected to make
payments directly to OCSE. If you are
self-employed you will be expected
to make payments directly to OCSE
on a regular basis. Send your pay-
ments by certified check or money
order to the New York State Child
Support Processing Unit, P.O. Box
15363, Albany, NY 12212-5363. In-
clude your account number on your
check. You may also make payments
electronically. Refer to the New York
State website (childsupport.ny.gov)
for details. Credit card payments can
also be made at the OCSE Customer
Service Walk-In Center (151 West
Broadway, 4th oor, in Manhattan).
• It is important that payments are
made on time. If payments fall
behind and your payments come
directly from your job or other source
of income, your regular deductions
may be increased by an additional
50% until your account is paid up
to date, and you may be subject to
other enforcement measures.
10 27
Acknowledgment of Paternity
For example, if your child support
order is $115 per week and you owe
back child support, you will be charged
an additional amount of $57.50 (50%
of $115) for a total of $172.50 per week
until your account is paid up to date.
Hardship Review
• If your payments are temporarily
increased by an additional 50%
above your regular order, New York
State ensures that paying this
additional amount does not create
a hardship by leaving your income
below the annual self-support
reserve, which is $16,038 for 2016.
For example, if your child support
order is $300 per month, the add
amount will be $150, for a total of
$450 per month. If that extra $150
reduces your annual income below
the self-support reserve, you should
visit the OCSE Customer Service
Walk-in Center and request a
Hardship Review.
• Some, or all, of the additional $150
amount may be removed if you can
prove a hardship, but the child
support order will not change.
In some cases the Customer Service
worker may be able to permanently
lower your child support order and/or
arrears (see section called Debt
Reduction Programs for Low-Income
Noncustodial Parents). Otherwise,
you must go back to the Family
Court where the order was estab-
lished and le a petition for a
downward modication.
Responsibility of Your Employer
Your employer is required by law to
take out court-ordered payments for
child support and medical support
from your salary. Payroll deductions for
child support and medical support are
the same for everyone and employers
are aware of this process. Your employ-
er cannot re you, charge you a fee,
or discriminate against you in any way
because of child support deductions.
If your employer has questions, assis-
tance is available by calling the New
York State Child Support Helpline at
888-208-4485, and, after selecting the
language, choosing option 2 (Employ-
ers and Income Providers).
The Federal Consumer Credit Protec-
tion Act (FCCPA) limits the amount
that your employer can take from your
paycheck. The maximum amount that
can be taken is a percentage of your
disposable income (amount left after
federal, State, local taxes, social secu-
rity and Medicare deductions are taken
out). The percentage depends on how
much you owe and the number of
child support orders you have.
CALL
New York State Child Support
Customer Service Helpline
888-208-4485
TTY (Hearing Impaired)
866-875-9975
Speak to a Representative
Monday – Friday, 8 am – 7 pm
Automated Account information*
24 hours/7 days
VISIT
New York City Ofce of Child Support
Enforcement (OCSE)
Customer Service Walk-In Center
151 West Broadway, 4th oor
New York, NY 10013
Monday – Friday, 8 am – 7 pm
BRING A PHOTO ID
WEBSITES
New York City Ofce of Child Support
Enforcement (OCSE)
NYC.gov/hra/ocse
Information about events and
programs for fathers
NYC.gov/NYCDADS
View child support videos
youtube.com/hranyc
New York City Ofce of Financial
Empowerment, free nancial counsel-
ing and education NYC.gov/ofe
New York State Division of Child
Support Enforcement (DCSE),
View your account information*
childsupport.ny.gov
New York State Unied Court System
courts.state.ny.us
WRITE
New York City Ofce of Child
Support Enforcement
P.O. Box 830
Canal Street Station
New York, NY 10013
SEND PAYMENTS
New York State Child Support
Processing Center
P.O. Box 15363
Albany, NY 12212-5363
*To get updated account information,
you will need your social security
number and PIN (Personal Identica-
tion Number). NCPs who need a PIN
or do not remember their PIN may
request one by phone or mail.
Call 1-888-208-4485 and speak to
a representative or mail a signed,
written request including your full
name, address, social security
number, and child support account
number to:
Attention: PIN
NYS Child Support Processing Center
P.O. Box 15365
Albany, NY 12212-5365
12 25
50% - support a 2nd family; no arrears or less than 12 weeks in arrears
55% - support a 2nd family; more than 12 weeks in arrears
60% - single family; no arrears or less than 12 weeks in arrears
65% - single family; more than 12 weeks in arrears
Federal Consumer Credit Protection Act (FCCPA) Limitations on Withholdings for Support
Once the current order is terminated,
you may still owe child support to
either the custodial parent or the
Department of Social Services, if you
were not up to date on your payments
and owe arrears. The order will
continue until the child support debt
is paid off.
Information
& Resources
for Noncustodial
Parents
NYCDADS
New York City has implemented a
citywide fatherhood initiative dedicat-
ed to strengthening families by helping
fathers become more active in the lives
of their children. Participating agencies
provide parenting workshops, adult
education and job training, among
other services. For more information
about services and activities for fathers
and their children visit the website:
nyc.gov/NYCDADS
Family Court Locations
If you want to establish paternity or a
child support order, go to the Family
Court located in the borough where
you live to le a petition. If you already
have a child support order and are
going to court to request a modifica-
tion, return to the court where you had
your hearing unless there has been a
change and you are told to go to a
different location.
BRONX
Bronx County Family Court
900 Sheridan Avenue, LM oor
Bronx, NY 10451
718-590-3924/3432
BROOKLYN
Kings County Family Court
330 Jay Street, 12th oor
Brooklyn, NY 11201
718-246-7962/68
MANHATTAN
New York County Family Court
60 Lafayette Street, 1st oor
New York, NY 10013
212-385-8218/19
QUEENS
Queens County Family Court
151-20 Jamaica Avenue, 4th oor
Queens, NY 11432
718-725-3148/49
STATEN ISLAND
Richmond County Family Court
100 Richmond Terrace, basement
Staten Island, NY 10301
718-720-2906
Child Support Information/
Case Assistance
If you have questions about the child
support program, need assistance with
your child support case, or need to pro-
vide additional information to OCSE like
a new employer or change of address:
Help Getting a Job
If you can’t afford to pay child support
because you are unemployed or have a
job that doesn’t pay enough, there are
programs that can help:
• Support Through Employment
Program (STEP) is a court based
program. To participate in STEP, the
Support Magistrate must give you
a referral at the time of your child
support hearing. Before leaving
Court, you will meet with an OCSE
worker who will assign you to a
community-based organization that
will help you get a job. Your participa-
tion and progress in STEP will be
reported back to the court and will
effect decisions the Support Magis-
trate makes about your child support
order.
• TXT-2-Work is a voluntary job search
aid that sends up-to-date job posting
information and job search and
resume writing tips to low-income
New Yorkers who subscribe to the
service, mainly recipients of public
assistance. The speed of electronic
delivery means that TXT-2-Work
subscribers can read about and apply
for a job within 24 hours of the
opportunity opening. Sign up by
texting the word JOBS to 877877
or lling in the online form at
http://home.nyc.gov/html/hra/
businesslink/html/contact/
text_2_Work.shtml.
• Workforce1 is a service provided
by the NYC Department of Small
Business Services; it prepares and
connects qualied candidates to jobs.
Services are delivered through
a network of Workforce1 Career
Centers located throughout the City’s
ve boroughs and are available for
New Yorkers age 18 and older. For
more information and Workforce1
locations visit their website
www.nyc.gov/workforce1.
24 13
For example:
Noncustodial parent has 1 child support order (not supporting a 2nd family)
•
Child support order is $200 per week
•
No arrears
•
Disposable income is $300 per week
•
Maximum that can be taken out is $180 per week ($300 x 60%)
In this case, the noncustodial parent should speak to his or her employer about
lowering the child support payroll deduction because the amount being taken out
is over the FCCPA limit. At the same time, the noncustodial parent should go
back to the Family Court where the child support order was established and le a
petition for a downward modication. That’s because even if the employer takes
out less from the paycheck, the child support order amount will not change. Any
change to the order must be made in the Family Court where it was established.
Filing for Bankruptcy
Filing for bankruptcy does not wipe
out the obligation to pay current and
past due child support. Child support
debt has priority over all other credi-
tors. If you already have a child
support order, payroll deductions will
continue and most enforcement
actions can still take place, if applica-
ble. If you do not have a child support
order, one can still be established,
regardless of your bankruptcy status.
You Move or Change Jobs
You are required by law to inform
OCSE if you move so that we can stay
in contact with you about your case.
If you change jobs, let us know so we
can notify your new employer to start
taking child support payments out of
your paycheck. Any break in payments
will result in unpaid child support and
can make you eligible for strong
enforcement measures.
Giving Money or Gifts
to the Custodial Parent
•
Once you have a child support order
payable to OCSE, you cannot give
payments directly to the custodial
parent. Payments given to the custo-
dial parent will not be credited to
your child support account and you
may owe child support debt.
•Custodial parents who are receiv-
ing cash assistance benefits are
considered to have committed
welfare fraud if they accept direct
child support payments and do not
report those payments to HRA.
• Clothing, diapers, and other things
you give to the custodial parent for
the child are considered gifts. They
do not count as payment for child
support.
Where the
Payments Go
• If the custodial parent and/or child
are receiving cash assistance, the
family is entitled to keep up to the
first $100 ($200 for 2 or more
children) of current child support
collected each month. This is called a
pass-through or bonus payment and
is in addition to cash benefits. The
pass-through payment cannot be
more than we collect and cannot be
more than the amount of the order.
Anything collected above the bonus
payment is used to pay back the
Department of Social Services (DSS)
for benets received.
• When the family goes off cash assis-
tance, the child support order contin-
ues unless the custodial parent
requests to have it closed. All of the
money collected for current support
goes directly to the custodial parent.
In some cases, OCSE will still keep
past due support owed from the time
when the family was getting cash
assistance.
• If the custodial parent has never
received cash assistance, all payments
are forwarded to him or her.
• Child support payments may be used
for any expense related to the child’s
14
of payments) toward future child
support. Payments can be taken out
of this deposit if the noncustodial
parent fails to pay support regularly.
Also called Cash Bond or Cash
Undertaking.
• ARREST/INCARCERATION: The court
may issue an arrest warrant if the
noncustodial parent fails to appear
in court for a violation hearing or
falls seriously behind in child support
payments. In certain cases of willful
non-payment of child support, the
noncustodial parent may go to jail
for up to six months. Willful non-
payment means that the noncustodi-
al parent can afford to pay child
support but chooses not to, or inten-
tionally avoids employment, or trans-
fers money in order to avoid paying.
• SUSPENSION OF STATE-ISSUED
PROFESSIONAL, BUSINESS, AND
OCCUPATIONAL LICENSES: Family
Court may recommend to the appro-
priate licensing board that noncusto-
dial parents who owe an amount of
child support equal to or more than
four months of current support have
their state-issued licenses suspend-
ed. Examples of occupations that
must be registered or licensed by
New York State include security
guards, barbers, physical therapists,
lawyers, and doctors.
PARTICIPATION IN A WORK
PROGRAM (STEP)
When a noncustodial parent is unem-
ployed or has a low-paying job, the
Support Magistrate may order him or
her participate in STEP (Support Through
Employment Program), a work referral
program that helps noncustodial par-
ents get jobs so that they can pay
child support.
REFERRAL FOR CRIMINAL
PROSECUTION
OCSE can request criminal prosecution
of an NCP by the United States Attor-
ney’s Ofce or the local District Attor-
ney’s Ofce when willful non-payment
of child support has been established,
signicant arrears are owed, and other
enforcement actions have failed.
Terminating
the Child Support
Order
In New York State, you will have to
pay child support until the child
reaches age 21, unless the court
orders something different. Orders can
be extended past age 21 for education
or medical reasons. Orders may be
terminated by Family Court sooner
under certain circumstances.
AN ORDER MAY BE TERMINATED
BEFORE THE CHILD REACHES AGE 21
IF ANY OF THE FOLLOWING HAPPENS:
• CHILD BECOMES EMANCIPATED
The child moves out and becomes
self-supporting, gets married, or
joins the military.
• YOU GET CUSTODY OF THE CHILD
In that case, the other parent may be
ordered to pay child support to you.
• YOU MOVE IN and form one house-
hold with the custodial parent and
child.
well-being. In addition to things like
school, clothing, and medical and
dental expenses, child support
payments may be used by the custo-
dial parent for household expenses
like rent and food – anything that
contributes to the child’s quality of
life. Remember, the cost of raising a
child is very high. For single-parent
families making under $56,870
before taxes, the estimated cost for
raising a newborn to two-year-old
child is $7,330 per year.
Custody
& Visitation
Custody and visitation are not
discussed at the child support hearing
and are not included in the child
support order. But they are emotional
issues for parents. Even if you are not
seeing your child, you are still legally
responsible for paying court-ordered
child support. If the custodial parent
won’t let you see your child, or you
cannot agree on other parenting
issues, consider mediation. Mediation
can help you resolve your differences
and help you improve your relationship
with the other parent.
Either parent may le a petition in
Family Court for a custody/visitation
hearing to establish custody of the
child or enforce visitation rights.
These issues will be discussed at a
different hearing, separate from the
child support case. At the hearing, the
judge/referee may refer the parents for
mediation. It is an opportunity for both
parents to work out an agreement that
can become a court order. If an agree-
ment cannot be reached, the parents
must return to court and the
judge/referee will make the necessary
decisions.
Mediation services are also available
without going to court. Parents may
contact the following organizations
directly for free or low-cost mediation
services:
• NEW YORK PEACE INSTITUTE:
212-577-1740, 718-834-6671
• CENTER FOR MEDIATION & TRAINING:
212-799-4302
• COMMUNITY MEDIATION SERVICES:
718-523-6868
• PARENT HELP:
800-716-3468 – federally funded
program offering a free and con-
dential telephone helpline to moth-
ers and fathers living apart.
Noncustodial
Parent Earned
Income Tax Credit
You may be eligible for a New York
State Noncustodial Parent Earned
Income Tax Credit if you meet all of
the conditions listed below. To get this
credit, you must le a New York State
tax return and include tax form IT-209.
• Be a NY State resident for the entire
year
• Be at least 18 years old
22 15
• Have a social security number that is
valid for work (Individual Taxpayer
Identification Number [ITIN} cannot
be used)
• Have a minor child who does not live
with you
• Have a child support order that is
payable to the New York State OCSE
Support Collection Unit
• Be up to date on payments for the
entire tax year
• Do not have more than $3,400 in
investment income (savings, stocks,
bonds, etc.)
• Have a maximum yearly gross
income of $39,131 (tax year 2015).
This gure changes every year; refer
to nyc.gov for the annual gross
income value.
Changing Your
Child Support
Order & Debt Owed
Requesting a Modication
in Court
Your child support order is based on
information available at the time of
the hearing. Either parent may le a
petition in Family Court to modify
(change) the amount of the child
support order if there is a substantial
change in circumstances or the needs
of the child are not being met. If your
income changes (no longer doing
overtime, lose your job and go on
unemployment, receiving disability,
etc.) and you can no longer afford to
pay the child support order, you should
immediately go back to the court
where you had your last child support
hearing and file a petition for a
downward modication. You may also
go online to NYS DIY (Do-It-Yourself)
Forms at www.nycourthelp.gov and ll
out a support modication petition.
Once you download the completed
petition and sign it, you can bring it,
or mail it, to Family Court. You will be
given a hearing date and instructions
about what to do next. The custodial
parent will need to be notified to
appear in court. OCSE can help you
serve the summons.
For child support orders established on
or after October 12, 2010, there are
additional reasons for modification.
You can request a modication if any
of the following apply to your case:
• Three years have passed since the
order was entered, last modified,
or adjusted.
• There has been a change in either
parent’s gross income by 15% or
more since the order was entered,
last modied, or adjusted. Any
decrease in income must be involun-
tary and the parent claiming decreased
income must have tried to nd work
that would be appropriate to his or
her education, ability and experience.
• Incarcerated individuals may le a
modication petition due to a
substantial change in circumstances
as long as their incarceration is not
due to non-payment of child support
or an offense against the custodial
parent or child.
Reporting Agencies (CRAs) when
they owe at least $1,000 in child
support or are two months behind
in payments, whichever happens rst.
This referral will create a negative
entry on the parent’s credit report,
making it difcult, or more costly, to
get a credit card, mortgage or other
type of loan.
REFERRAL TO THE NEW YORK
STATE DIVISION OF TAXATION
AND FINANCE
Cases are referred to the NY State
Department of Taxation and Finance
for identication and seizure of assets
if the amount owed is more than four
months of the current child support
order, is at least $500, and no child
support payments have been received
in the last 45 days from payroll
deductions. If you are receiving SSI or
cash assistance, you will be exempt
from this process.
DENIAL OF NEW AND RENEWED
PASSPORTS
Noncustodial parents are notied in
advance that their child support debt
is being reported to the State Depart-
ment (a federal agency). The State
Department will deny an application for
a new or renewed passport if at least
$2,500 is owed in child support. The
passport will not be issued until the child
support debt is resolved with OCSE.
DENIAL OR GRANTING OF
TEMPORARY NYC PROFESSIONAL
LICENSES
Applications for new and renewed
New York City professional licenses
will
be denied, or a temporary six-month
license will be granted, if the applicant
owes back child support equal to at
least four months of current child
support. Examples of New York City
licensing agencies include the Depart-
ment of Consumer Affairs, the Taxi and
Limousine Commission, and the Fire
Department, among others. Applicants
may pay what they owe or enter into
an agreement with OCSE in order to
have their license applications
approved. If you are having problems
getting a NYC professional license
because of an outstanding child
support debt, visit OCSE's Customer
Service Walk-in Center at 151 West
Broadway between 8 am and 7 pm,
Monday to Friday, for assistance.
Judicial Enforcement Actions
VIOLATION PETITION
When administrative enforcement
methods do not result in child support
collections, a violation petition may be
led by the custodial parent or OCSE
(for families receiving cash assistance)
in Family Court. A violation hearing
may result any of the following:
• MONEY JUDGMENT: Child support
arrears are xed, by the court, at a
specic amount that accumulates 9%
interest annually until it is paid off.
• LIEN:A lien may be placed on the
noncustodial parent’s property requiring
that the child support debt be paid
before the property can be sold or
transferred.
• CASH DEPOSIT:The noncustodial
parent may be required to deposit
money (up to three years’ worth
16 21
when they go to claim their prize if
any or all of it is being taken for child
support arrears. An ofcial letter will
follow in the mail.
PROPERTY EXECUTION (PEX)
Your bank accounts (savings, checking,
money market, Certicate of Deposit,
IRAs) and other nancial assets may
be frozen and seized to pay OCSE if
you owe at least two months current
child support and have arrears of at
least $300.
• If you are paying current child
support through salary deductions,
your bank account will be frozen if
the balance is $3,000 or more.
• If you are not paying current child
support payments through salary
deductions, your bank account will
be frozen if the balance is at least $25.
• If the funds in your bank account
come from SSI, cash assistance,
Veterans Administration disability
from military service, child support
or alimony, they cannot be seized by
OCSE.
• In the case of a joint bank
account, some banks will release all
of the funds requested by OCSE.
Other banks may require a written
statement signed by both parties to
release half of the account balance
for child support arrears.
DRIVER’S LICENSE SUSPENSION
Driver’s licenses are suspended if the
amount owed in child support is equal
to or greater than four months of the
current child support order amount
and payments are not coming in by
payroll deductions. Noncustodial
parents receiving SSI or cash assis-
tance are exempt from having their
driver’s license suspended. If you
receive a letter that your license is
going to be suspended, you may
prevent it from happening by doing
any of the following:
• Pay all that is owed.
• Prove income is below the New York
State self-support reserve ($16,038
for 2016).
• Provide employment information so
your employer can take payments
directly from your salary.
• Enter into a payment agreement
with OCSE to pay the court ordered
amount plus an additional 50% to-
wards arrears. Arrears included in
driver’s license payment agreements
accrue interest at 9% a year because
they are considered money judgments,
which are registered in court.
• In certain situations, which will be
listed on the notice you receive, you
may be able to le a challenge to the
driver’s license suspension. If the
challenge is denied by OCSE, an
objection to the denial may be led
in Family Court. A judge will decide
if the suspension should remain or
be removed.
• If suspension takes place, a restricted
driver’s license may be requested
from the Department of Motor
Vehicles to allow you to drive to and
from your job.
CREDIT BUREAU REPORTING
Names of noncustodial parents
are submitted to major Consumer
When the Oldest Child Turns 21
If there is more than one child listed
on the same child support order, the
obligation amount may be allocated.
This means that a specic amount is as-
signed to each dependent child.
When the oldest child turns 21, OCSE
will automatically reduce the child sup-
port order by the amount allocated for
that child. If the order is not allocated,
the noncustodial parent must le a pe-
tition in court for a downward modi-
cation when the oldest child turns 21.
If your order was established outside
of New York State, the emancipation
date may not be 21.
What Happens at the
Modication Hearing
Once you le a modication petition
in Family Court, a hearing will be
scheduled where you will have an
opportunity to present your current
income and expenses. The Support
Magistrate will review the information
in accordance with the New York State
Child Support Standards Act guidelines
and decide if the order should be
changed. Any change to the amount of
the order will only go back to the date
the petition was led in court, not the
date that the circumstances actually
changed.
Cost of Living Adjustment
• OCSE may increase a child support
order with a Cost of Living Adjustment
(COLA) when the case becomes eligi-
ble, without going to court.
• COLA is based on yearly changes in
the Consumer Price Index for Urban
Areas (CPI-U), which tracks the
prices of items like food, clothing,
housing, transportation, fuel and
medical expenses.
• COLA may be added to a child
support order when the yearly
increases in the CPI-U add up to at
least 10% from the date the order
was established or last modied.
It takes approximately 4 years to
reach the required 10% increase in
the CPI-U.
• You will be notied before a COLA
is added to your order and have an
opportunity to object to it. If you ob-
ject to the COLA, a modification
hearing will be scheduled in Family
Court to review the amount of your
order. The Support Magistrate will
decide if the order should be changed,
or remain the same, based on the
New York State Child Support Stan-
dards Act guidelines.
Debt Reduction Programs
for Low-Income Noncustodial
Parents (NCPs)
OCSE has programs that can reduce
child support orders and/or debt
(arrears) owed to the Department of
Social Services (DSS). An order may be
owed to DSS when the custodial
parent and child are current or past
recipients of cash assistance.
MODIFY DSS ORDER (MDO) helps
low-income NCPs who have child
support orders that are not based on
their current income. If your nancial
situation has changed since the order
was established, or you did not
present your financial information
20 17
in court, MDO can lower your order
without going to Family Court.
TO QUALIFY:
• Current child support order with at
least one child on cash assistance
• Income below the New York State
self-support reserve ($16,038 for
2016) or
• Receiving cash assistance, SSI, or
Medicaid
ARREARS CAP can lower the accumu-
lated child support debt you owe to
the government (DSS) down to $500,
without going to Family Court.
TO QUALIFY:
• Must owe arrears to DSS; not
required to have current or active
child support order.
• Arrears must have built up while
income was below the federal
poverty level (see chart at right).
If you do not have proof of past
income (tax returns, pay stubs),
request a wage statement from the
Social Security Administration.
ARREARS CREDIT PROGRAM (ACP)
can reduce the amount of arrears owed
to DSS by $5,000 a year for up to three
years, without going to court. However,
arrears (debt) must be owed to DSS.
ACP is available to NCPs who have
current child support orders and
NCPs who only owe arrears. Current
orders may be payable to either DSS
or the custodial parent.
TO QUALIFY:
• There are no income requirements
to qualify for ACP.
• Make full payments on current child
support for an entire year.
• Qualified NCPs will receive a credit
of $5,000 per year, for up to three
years, toward child support arrears
owed to DSS.
To find out if you qualify for one
or more of these debt reduction
programs, visit:
OCSE Customer Service Walk-in Center
151 West Broadway, 4th oor
New York, NY 10013
Monday – Friday, 8 am – 7 pm
Falling Behind
on Payments
OCSE keeps track of how much child
support is collected and how much is
owed. It is our job to see that pay-
ments are received regularly and on
time. If you fall behind with your child
support payments, there are a num-
ber of enforcement actions that may
take place. Before any enforcement
action can take place, you will receive
a notice in the mail explaining how
to prevent the action from happening
and how to le a challenge or mistake
of fact. If you are receiving cash assis-
tance or SSI, you will be exempt from
certain enforcement actions.
A case may be eligible for multiple
enforcement actions at the same
time. OCSE has the authority to en-
force child support orders through
administrative/automated processes,
without going back to court. If these
methods do not work, the case may
be referred to Family Court for judicial
enforcement actions.
Administrative/Automated
Enforcement Actions
ADD AMOUNT
Your child support payments may be
temporarily increased by 50% above
the regular order amount, any time
payments fall behind. On a new order,
this may happen immediately because
child support is owed back to the date
that the petition was led in court, not
the date of the hearing.
TAX REFUND OFFSET
If you are expecting a federal or state
income tax refund, it may be sent to
OCSE instead to pay off past due child
support.
• State tax refund offset will take
place if at least $50 is owed.
• Federal tax refund offset will take
place once the amount owed reaches
$500 ($150 if the custodial parent
and child receive cash assistance).
• The tax offset list is made up the year
before the refund is taken. If you no
longer owe the money by the time
the tax refund is taken, a refund will
be issued to you once OCSE receives
the money from the IRS or New York
State Department of Taxation and
Finance. That can take six to eight
weeks from the time that you are
notied that your tax refund is being
sent to OCSE.
• If a joint tax return has been led, the
spouse with no nancial responsibility
for the child may le an Injured Spouse
form with the IRS and/or the NY State
Department of Taxation and Finance
to request his/her portion of the refund.
OCSE will hold the IRS refund for 6
months to give the injured spouse a
chance to le a claim for a portion of
the tax refund. After 6 months, all of
the refund will be credited to the
noncustodial parent’s account.
LOTTERY PRIZE INTERCEPT
If you win $600 or more in the New
York State lottery and owe at least
$50 in back child support, the prize
money may be paid to OCSE. Parents
owing child support will be informed
18 19
1997
1998
1999
2000
2001
2002
2003
2004
2005
2005
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
$7,890
$8,050
$8,240
$8,350
$8,590
$8,860
$8,890
$9,310
$9,570
$9,800
$10,210
$10,400
$10,830
$10,830
$10,890
$11,170
$11,490
$11,670
$11,770
$11,880
YEAR
FEDERAL
POVERTY LEVEL
POVERTY LEVEL FOR ARREARS CAP
in court, MDO can lower your order
without going to Family Court.
TO QUALIFY:
• Current child support order with at
least one child on cash assistance
• Income below the New York State
self-support reserve ($16,038 for
2016) or
• Receiving cash assistance, SSI, or
Medicaid
ARREARS CAP can lower the accumu-
lated child support debt you owe to
the government (DSS) down to $500,
without going to Family Court.
TO QUALIFY:
• Must owe arrears to DSS; not
required to have current or active
child support order.
• Arrears must have built up while
income was below the federal
poverty level (see chart at right).
If you do not have proof of past
income (tax returns, pay stubs),
request a wage statement from the
Social Security Administration.
ARREARS CREDIT PROGRAM (ACP)
can reduce the amount of arrears owed
to DSS by $5,000 a year for up to three
years, without going to court. However,
arrears (debt) must be owed to DSS.
ACP is available to NCPs who have
current child support orders and
NCPs who only owe arrears. Current
orders may be payable to either DSS
or the custodial parent.
TO QUALIFY:
• There are no income requirements
to qualify for ACP.
• Make full payments on current child
support for an entire year.
• Qualified NCPs will receive a credit
of $5,000 per year, for up to three
years, toward child support arrears
owed to DSS.
To find out if you qualify for one
or more of these debt reduction
programs, visit:
OCSE Customer Service Walk-in Center
151 West Broadway, 4th oor
New York, NY 10013
Monday – Friday, 8 am – 7 pm
Falling Behind
on Payments
OCSE keeps track of how much child
support is collected and how much is
owed. It is our job to see that pay-
ments are received regularly and on
time. If you fall behind with your child
support payments, there are a num-
ber of enforcement actions that may
take place. Before any enforcement
action can take place, you will receive
a notice in the mail explaining how
to prevent the action from happening
and how to le a challenge or mistake
of fact. If you are receiving cash assis-
tance or SSI, you will be exempt from
certain enforcement actions.
A case may be eligible for multiple
enforcement actions at the same
time. OCSE has the authority to en-
force child support orders through
administrative/automated processes,
without going back to court. If these
methods do not work, the case may
be referred to Family Court for judicial
enforcement actions.
Administrative/Automated
Enforcement Actions
ADD AMOUNT
Your child support payments may be
temporarily increased by 50% above
the regular order amount, any time
payments fall behind. On a new order,
this may happen immediately because
child support is owed back to the date
that the petition was led in court, not
the date of the hearing.
TAX REFUND OFFSET
If you are expecting a federal or state
income tax refund, it may be sent to
OCSE instead to pay off past due child
support.
• State tax refund offset will take
place if at least $50 is owed.
• Federal tax refund offset will take
place once the amount owed reaches
$500 ($150 if the custodial parent
and child receive cash assistance).
• The tax offset list is made up the year
before the refund is taken. If you no
longer owe the money by the time
the tax refund is taken, a refund will
be issued to you once OCSE receives
the money from the IRS or New York
State Department of Taxation and
Finance. That can take six to eight
weeks from the time that you are
notied that your tax refund is being
sent to OCSE.
• If a joint tax return has been led, the
spouse with no nancial responsibility
for the child may le an Injured Spouse
form with the IRS and/or the NY State
Department of Taxation and Finance
to request his/her portion of the refund.
OCSE will hold the IRS refund for 6
months to give the injured spouse a
chance to le a claim for a portion of
the tax refund. After 6 months, all of
the refund will be credited to the
noncustodial parent’s account.
LOTTERY PRIZE INTERCEPT
If you win $600 or more in the New
York State lottery and owe at least
$50 in back child support, the prize
money may be paid to OCSE. Parents
owing child support will be informed
18 19
1997
1998
1999
2000
2001
2002
2003
2004
2005
2005
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
$7,890
$8,050
$8,240
$8,350
$8,590
$8,860
$8,890
$9,310
$9,570
$9,800
$10,210
$10,400
$10,830
$10,830
$10,890
$11,170
$11,490
$11,670
$11,770
$11,880
YEAR
FEDERAL
POVERTY LEVEL
POVERTY LEVEL FOR ARREARS CAP
when they go to claim their prize if
any or all of it is being taken for child
support arrears. An ofcial letter will
follow in the mail.
PROPERTY EXECUTION (PEX)
Your bank accounts (savings, checking,
money market, Certicate of Deposit,
IRAs) and other nancial assets may
be frozen and seized to pay OCSE if
you owe at least two months current
child support and have arrears of at
least $300.
• If you are paying current child
support through salary deductions,
your bank account will be frozen if
the balance is $3,000 or more.
• If you are not paying current child
support payments through salary
deductions, your bank account will
be frozen if the balance is at least $25.
• If the funds in your bank account
come from SSI, cash assistance,
Veterans Administration disability
from military service, child support
or alimony, they cannot be seized by
OCSE.
• In the case of a joint bank
account, some banks will release all
of the funds requested by OCSE.
Other banks may require a written
statement signed by both parties to
release half of the account balance
for child support arrears.
DRIVER’S LICENSE SUSPENSION
Driver’s licenses are suspended if the
amount owed in child support is equal
to or greater than four months of the
current child support order amount
and payments are not coming in by
payroll deductions. Noncustodial
parents receiving SSI or cash assis-
tance are exempt from having their
driver’s license suspended. If you
receive a letter that your license is
going to be suspended, you may
prevent it from happening by doing
any of the following:
• Pay all that is owed.
• Prove income is below the New York
State self-support reserve ($16,038
for 2016).
• Provide employment information so
your employer can take payments
directly from your salary.
• Enter into a payment agreement
with OCSE to pay the court ordered
amount plus an additional 50% to-
wards arrears. Arrears included in
driver’s license payment agreements
accrue interest at 9% a year because
they are considered money judgments,
which are registered in court.
• In certain situations, which will be
listed on the notice you receive, you
may be able to le a challenge to the
driver’s license suspension. If the
challenge is denied by OCSE, an
objection to the denial may be led
in Family Court. A judge will decide
if the suspension should remain or
be removed.
• If suspension takes place, a restricted
driver’s license may be requested
from the Department of Motor
Vehicles to allow you to drive to and
from your job.
CREDIT BUREAU REPORTING
Names of noncustodial parents
are submitted to major Consumer
When the Oldest Child Turns 21
If there is more than one child listed
on the same child support order, the
obligation amount may be allocated.
This means that a specic amount is as-
signed to each dependent child.
When the oldest child turns 21, OCSE
will automatically reduce the child sup-
port order by the amount allocated for
that child. If the order is not allocated,
the noncustodial parent must le a pe-
tition in court for a downward modi-
cation when the oldest child turns 21.
If your order was established outside
of New York State, the emancipation
date may not be 21.
What Happens at the
Modication Hearing
Once you le a modication petition
in Family Court, a hearing will be
scheduled where you will have an
opportunity to present your current
income and expenses. The Support
Magistrate will review the information
in accordance with the New York State
Child Support Standards Act guidelines
and decide if the order should be
changed. Any change to the amount of
the order will only go back to the date
the petition was led in court, not the
date that the circumstances actually
changed.
Cost of Living Adjustment
• OCSE may increase a child support
order with a Cost of Living Adjustment
(COLA) when the case becomes eligi-
ble, without going to court.
• COLA is based on yearly changes in
the Consumer Price Index for Urban
Areas (CPI-U), which tracks the
prices of items like food, clothing,
housing, transportation, fuel and
medical expenses.
• COLA may be added to a child
support order when the yearly
increases in the CPI-U add up to at
least 10% from the date the order
was established or last modied.
It takes approximately 4 years to
reach the required 10% increase in
the CPI-U.
• You will be notied before a COLA
is added to your order and have an
opportunity to object to it. If you ob-
ject to the COLA, a modification
hearing will be scheduled in Family
Court to review the amount of your
order. The Support Magistrate will
decide if the order should be changed,
or remain the same, based on the
New York State Child Support Stan-
dards Act guidelines.
Debt Reduction Programs
for Low-Income Noncustodial
Parents (NCPs)
OCSE has programs that can reduce
child support orders and/or debt
(arrears) owed to the Department of
Social Services (DSS). An order may be
owed to DSS when the custodial
parent and child are current or past
recipients of cash assistance.
MODIFY DSS ORDER (MDO) helps
low-income NCPs who have child
support orders that are not based on
their current income. If your nancial
situation has changed since the order
was established, or you did not
present your financial information
20 17
• Have a social security number that is
valid for work (Individual Taxpayer
Identification Number [ITIN} cannot
be used)
• Have a minor child who does not live
with you
• Have a child support order that is
payable to the New York State OCSE
Support Collection Unit
• Be up to date on payments for the
entire tax year
• Do not have more than $3,400 in
investment income (savings, stocks,
bonds, etc.)
• Have a maximum yearly gross
income of $39,131 (tax year 2015).
This gure changes every year; refer
to nyc.gov for the annual gross
income value.
Changing Your
Child Support
Order & Debt Owed
Requesting a Modication
in Court
Your child support order is based on
information available at the time of
the hearing. Either parent may le a
petition in Family Court to modify
(change) the amount of the child
support order if there is a substantial
change in circumstances or the needs
of the child are not being met. If your
income changes (no longer doing
overtime, lose your job and go on
unemployment, receiving disability,
etc.) and you can no longer afford to
pay the child support order, you should
immediately go back to the court
where you had your last child support
hearing and file a petition for a
downward modication. You may also
go online to NYS DIY (Do-It-Yourself)
Forms at www.nycourthelp.gov and ll
out a support modication petition.
Once you download the completed
petition and sign it, you can bring it,
or mail it, to Family Court. You will be
given a hearing date and instructions
about what to do next. The custodial
parent will need to be notified to
appear in court. OCSE can help you
serve the summons.
For child support orders established on
or after October 12, 2010, there are
additional reasons for modification.
You can request a modication if any
of the following apply to your case:
• Three years have passed since the
order was entered, last modified,
or adjusted.
• There has been a change in either
parent’s gross income by 15% or
more since the order was entered,
last modied, or adjusted. Any
decrease in income must be involun-
tary and the parent claiming decreased
income must have tried to nd work
that would be appropriate to his or
her education, ability and experience.
• Incarcerated individuals may le a
modication petition due to a
substantial change in circumstances
as long as their incarceration is not
due to non-payment of child support
or an offense against the custodial
parent or child.
Reporting Agencies (CRAs) when
they owe at least $1,000 in child
support or are two months behind
in payments, whichever happens rst.
This referral will create a negative
entry on the parent’s credit report,
making it difcult, or more costly, to
get a credit card, mortgage or other
type of loan.
REFERRAL TO THE NEW YORK
STATE DIVISION OF TAXATION
AND FINANCE
Cases are referred to the NY State
Department of Taxation and Finance
for identication and seizure of assets
if the amount owed is more than four
months of the current child support
order, is at least $500, and no child
support payments have been received
in the last 45 days from payroll
deductions. If you are receiving SSI or
cash assistance, you will be exempt
from this process.
DENIAL OF NEW AND RENEWED
PASSPORTS
Noncustodial parents are notied in
advance that their child support debt
is being reported to the State Depart-
ment (a federal agency). The State
Department will deny an application for
a new or renewed passport if at least
$2,500 is owed in child support. The
passport will not be issued until the child
support debt is resolved with OCSE.
DENIAL OR GRANTING OF
TEMPORARY NYC PROFESSIONAL
LICENSES
Applications for new and renewed
New York City professional licenses
will
be denied, or a temporary six-month
license will be granted, if the applicant
owes back child support equal to at
least four months of current child
support. Examples of New York City
licensing agencies include the Depart-
ment of Consumer Affairs, the Taxi and
Limousine Commission, and the Fire
Department, among others. Applicants
may pay what they owe or enter into
an agreement with OCSE in order to
have their license applications
approved. If you are having problems
getting a NYC professional license
because of an outstanding child
support debt, visit OCSE's Customer
Service Walk-in Center at 151 West
Broadway between 8 am and 7 pm,
Monday to Friday, for assistance.
Judicial Enforcement Actions
VIOLATION PETITION
When administrative enforcement
methods do not result in child support
collections, a violation petition may be
led by the custodial parent or OCSE
(for families receiving cash assistance)
in Family Court. A violation hearing
may result any of the following:
• MONEY JUDGMENT: Child support
arrears are xed, by the court, at a
specic amount that accumulates 9%
interest annually until it is paid off.
• LIEN:A lien may be placed on the
noncustodial parent’s property requiring
that the child support debt be paid
before the property can be sold or
transferred.
• CASH DEPOSIT:The noncustodial
parent may be required to deposit
money (up to three years’ worth
16 21
of payments) toward future child
support. Payments can be taken out
of this deposit if the noncustodial
parent fails to pay support regularly.
Also called Cash Bond or Cash
Undertaking.
• ARREST/INCARCERATION: The court
may issue an arrest warrant if the
noncustodial parent fails to appear
in court for a violation hearing or
falls seriously behind in child support
payments. In certain cases of willful
non-payment of child support, the
noncustodial parent may go to jail
for up to six months. Willful non-
payment means that the noncustodi-
al parent can afford to pay child
support but chooses not to, or inten-
tionally avoids employment, or trans-
fers money in order to avoid paying.
• SUSPENSION OF STATE-ISSUED
PROFESSIONAL, BUSINESS, AND
OCCUPATIONAL LICENSES: Family
Court may recommend to the appro-
priate licensing board that noncusto-
dial parents who owe an amount of
child support equal to or more than
four months of current support have
their state-issued licenses suspend-
ed. Examples of occupations that
must be registered or licensed by
New York State include security
guards, barbers, physical therapists,
lawyers, and doctors.
PARTICIPATION IN A WORK
PROGRAM (STEP)
When a noncustodial parent is unem-
ployed or has a low-paying job, the
Support Magistrate may order him or
her participate in STEP (Support Through
Employment Program), a work referral
program that helps noncustodial par-
ents get jobs so that they can pay
child support.
REFERRAL FOR CRIMINAL
PROSECUTION
OCSE can request criminal prosecution
of an NCP by the United States Attor-
ney’s Ofce or the local District Attor-
ney’s Ofce when willful non-payment
of child support has been established,
signicant arrears are owed, and other
enforcement actions have failed.
Terminating
the Child Support
Order
In New York State, you will have to
pay child support until the child
reaches age 21, unless the court
orders something different. Orders can
be extended past age 21 for education
or medical reasons. Orders may be
terminated by Family Court sooner
under certain circumstances.
AN ORDER MAY BE TERMINATED
BEFORE THE CHILD REACHES AGE 21
IF ANY OF THE FOLLOWING HAPPENS:
• CHILD BECOMES EMANCIPATED
The child moves out and becomes
self-supporting, gets married, or
joins the military.
• YOU GET CUSTODY OF THE CHILD
In that case, the other parent may be
ordered to pay child support to you.
• YOU MOVE IN and form one house-
hold with the custodial parent and
child.
well-being. In addition to things like
school, clothing, and medical and
dental expenses, child support
payments may be used by the custo-
dial parent for household expenses
like rent and food – anything that
contributes to the child’s quality of
life. Remember, the cost of raising a
child is very high. For single-parent
families making under $56,870
before taxes, the estimated cost for
raising a newborn to two-year-old
child is $7,330 per year.
Custody
& Visitation
Custody and visitation are not
discussed at the child support hearing
and are not included in the child
support order. But they are emotional
issues for parents. Even if you are not
seeing your child, you are still legally
responsible for paying court-ordered
child support. If the custodial parent
won’t let you see your child, or you
cannot agree on other parenting
issues, consider mediation. Mediation
can help you resolve your differences
and help you improve your relationship
with the other parent.
Either parent may le a petition in
Family Court for a custody/visitation
hearing to establish custody of the
child or enforce visitation rights.
These issues will be discussed at a
different hearing, separate from the
child support case. At the hearing, the
judge/referee may refer the parents for
mediation. It is an opportunity for both
parents to work out an agreement that
can become a court order. If an agree-
ment cannot be reached, the parents
must return to court and the
judge/referee will make the necessary
decisions.
Mediation services are also available
without going to court. Parents may
contact the following organizations
directly for free or low-cost mediation
services:
• NEW YORK PEACE INSTITUTE:
212-577-1740, 718-834-6671
• CENTER FOR MEDIATION & TRAINING:
212-799-4302
• COMMUNITY MEDIATION SERVICES:
718-523-6868
• PARENT HELP:
800-716-3468 – federally funded
program offering a free and con-
dential telephone helpline to moth-
ers and fathers living apart.
Noncustodial
Parent Earned
Income Tax Credit
You may be eligible for a New York
State Noncustodial Parent Earned
Income Tax Credit if you meet all of
the conditions listed below. To get this
credit, you must le a New York State
tax return and include tax form IT-209.
• Be a NY State resident for the entire
year
• Be at least 18 years old
22 15
Filing for Bankruptcy
Filing for bankruptcy does not wipe
out the obligation to pay current and
past due child support. Child support
debt has priority over all other credi-
tors. If you already have a child
support order, payroll deductions will
continue and most enforcement
actions can still take place, if applica-
ble. If you do not have a child support
order, one can still be established,
regardless of your bankruptcy status.
You Move or Change Jobs
You are required by law to inform
OCSE if you move so that we can stay
in contact with you about your case.
If you change jobs, let us know so we
can notify your new employer to start
taking child support payments out of
your paycheck. Any break in payments
will result in unpaid child support and
can make you eligible for strong
enforcement measures.
Giving Money or Gifts
to the Custodial Parent
•
Once you have a child support order
payable to OCSE, you cannot give
payments directly to the custodial
parent. Payments given to the custo-
dial parent will not be credited to
your child support account and you
may owe child support debt.
•Custodial parents who are receiv-
ing cash assistance benefits are
considered to have committed
welfare fraud if they accept direct
child support payments and do not
report those payments to HRA.
• Clothing, diapers, and other things
you give to the custodial parent for
the child are considered gifts. They
do not count as payment for child
support.
Where the
Payments Go
• If the custodial parent and/or child
are receiving cash assistance, the
family is entitled to keep up to the
first $100 ($200 for 2 or more
children) of current child support
collected each month. This is called a
pass-through or bonus payment and
is in addition to cash benefits. The
pass-through payment cannot be
more than we collect and cannot be
more than the amount of the order.
Anything collected above the bonus
payment is used to pay back the
Department of Social Services (DSS)
for benets received.
• When the family goes off cash assis-
tance, the child support order contin-
ues unless the custodial parent
requests to have it closed. All of the
money collected for current support
goes directly to the custodial parent.
In some cases, OCSE will still keep
past due support owed from the time
when the family was getting cash
assistance.
• If the custodial parent has never
received cash assistance, all payments
are forwarded to him or her.
• Child support payments may be used
for any expense related to the child’s
14
For example, if your child support
order is $115 per week and you owe
back child support, you will be charged
an additional amount of $57.50 (50%
of $115) for a total of $172.50 per week
until your account is paid up to date.
Hardship Review
• If your payments are temporarily
increased by an additional 50%
above your regular order, New York
State ensures that paying this
additional amount does not create
a hardship by leaving your income
below the annual self-support
reserve, which is $16,038 for 2016.
For example, if your child support
order is $300 per month, the add
amount will be $150, for a total of
$450 per month. If that extra $150
reduces your annual income below
the self-support reserve, you should
visit the OCSE Customer Service
Walk-in Center and request a
Hardship Review.
• Some, or all, of the additional $150
amount may be removed if you can
prove a hardship, but the child
support order will not change.
In some cases the Customer Service
worker may be able to permanently
lower your child support order and/or
arrears (see section called Debt
Reduction Programs for Low-Income
Noncustodial Parents). Otherwise,
you must go back to the Family
Court where the order was estab-
lished and le a petition for a
downward modication.
Responsibility of Your Employer
Your employer is required by law to
take out court-ordered payments for
child support and medical support
from your salary. Payroll deductions for
child support and medical support are
the same for everyone and employers
are aware of this process. Your employ-
er cannot re you, charge you a fee,
or discriminate against you in any way
because of child support deductions.
If your employer has questions, assis-
tance is available by calling the New
York State Child Support Helpline at
888-208-4485, and, after selecting the
language, choosing option 2 (Employ-
ers and Income Providers).
The Federal Consumer Credit Protec-
tion Act (FCCPA) limits the amount
that your employer can take from your
paycheck. The maximum amount that
can be taken is a percentage of your
disposable income (amount left after
federal, State, local taxes, social secu-
rity and Medicare deductions are taken
out). The percentage depends on how
much you owe and the number of
child support orders you have.
CALL
New York State Child Support
Customer Service Helpline
888-208-4485
TTY (Hearing Impaired)
866-875-9975
Speak to a Representative
Monday – Friday, 8 am – 7 pm
Automated Account information*
24 hours/7 days
VISIT
New York City Ofce of Child Support
Enforcement (OCSE)
Customer Service Walk-In Center
151 West Broadway, 4th oor
New York, NY 10013
Monday – Friday, 8 am – 7 pm
BRING A PHOTO ID
WEBSITES
New York City Ofce of Child Support
Enforcement (OCSE)
NYC.gov/hra/ocse
Information about events and
programs for fathers
NYC.gov/NYCDADS
View child support videos
youtube.com/hranyc
New York City Ofce of Financial
Empowerment, free nancial counsel-
ing and education NYC.gov/ofe
New York State Division of Child
Support Enforcement (DCSE),
View your account information*
childsupport.ny.gov
New York State Unied Court System
courts.state.ny.us
WRITE
New York City Ofce of Child
Support Enforcement
P.O. Box 830
Canal Street Station
New York, NY 10013
SEND PAYMENTS
New York State Child Support
Processing Center
P.O. Box 15363
Albany, NY 12212-5363
*To get updated account information,
you will need your social security
number and PIN (Personal Identica-
tion Number). NCPs who need a PIN
or do not remember their PIN may
request one by phone or mail.
Call 1-888-208-4485 and speak to
a representative or mail a signed,
written request including your full
name, address, social security
number, and child support account
number to:
Attention: PIN
NYS Child Support Processing Center
P.O. Box 15365
Albany, NY 12212-5365
12 25
50% - support a 2nd family; no arrears or less than 12 weeks in arrears
55% - support a 2nd family; more than 12 weeks in arrears
60% - single family; no arrears or less than 12 weeks in arrears
65% - single family; more than 12 weeks in arrears
Federal Consumer Credit Protection Act (FCCPA) Limitations on Withholdings for Support
LDSS-4418 (Rev. 1/14)
New York State Office of Temporary and Disability Assistance
New York State Department of Health
P
ursuant to Section 4135-b of Public Health Law
Recorded District_________________________
H
ospital Code (PFI Number) _______________
R
egister Number _________________________
ACKNOWLEDGMENT OF PATERNITY
(
Please type or print clearly in blue or black ink.)
Check where signed: Hospital Child Support Office Birth Registrar Other
CHILD
First
name
Last
n
ame
Facility of birth City of birth
C
ounty of birth
M
iddle
name
Sex
Male Female
Date of birth (MM/DD/YYYY)
/ /
I
f the child’s birth certificate was already filed and you wish to change the child’s last name, complete the following section:
Last name on
original birth certificate
New
last name
W
e understand that signing this Acknowledgment of Paternity is voluntary and will establish paternity of our child and have the same force and effect
as an order of filiation determining paternity and entered after a court hearing including an obligation to provide support for our child. Except that
only if this Acknowledgment of Paternity is filed with the Registrar where the birth certificate is filed will the Acknowledgment of Paternity have such
force and effect with respect to inheritance rights. We have received written and oral notice of our legal rights (including the timeframes to withdraw),
responsibilities, alternatives and the consequences of signing the Acknowledgment of Paternity, and we understand what the notice states. A copy of the
written notice has been provided to us. We certify that the information we provide below is true.
FATHER
First
name
Street address (house/apt. number)
Middle
name
Date of birth (MM/DD/YYYY)
I hereby acknowledge that I am the biological father of the child named above.
WITNESS SECTION
(Witness cannot
be related to
mother or father.)
Signature
City
State Zip
Place of birth
City
State
Country
Social Security number
Date (MM/DD/YYYY)
Witness Signature
Print Name
Date (MM/DD/YYYY)
/ /
Witness Signature Print Name
Date (MM/DD/YYYY)
/ /
MOTHER
First
name
Street address (house/apt. number)
Date of birth (MM/DD/YYYY)
I hereby consent to the Acknowledgment of Paternity for my child named above, and acknowledge that the man named
above is the only possible father of my child who was born to me. I state that I was not married at any time during the pregnancy
or when the child was born OR, I state that I have subsequently married the child’s biological father.
Signature
City
State Zip
Place of birth
City
State
Country
Social Security number
Date (MM/DD/YYYY) / /
Witness Signature
Print Name Date (MM/DD/YYYY)
/ /
Witness Signature
Print Name
Date (MM/DD/YYYY)
/ /
Maiden name (last name only)
For Official Use Only
The above Acknowledgment of Paternity is hereby filed with the ________________________________________ registrar on _____/_____/_____.
If this document is to amend a birth certificate, I certify that I have examined the original record this seeks to amend and the information on this docu-
ment matches. There are no omissions or apparent errors that render it unacceptable for amending the birth record. This document is therefore approved.
_______________________________________________________________________ _____/_____/_____
State Registrar/Deputy City Registrar Signature MM/DD/YYYY
/ / - -
/ /
/ /
- -
Last
name
Middle
name
Last
name
WITNESS SECTION
(Witness cannot
be related to
mother or father.)
cases, you will be given a copy of
the order on the same day as the
hearing. If that isn’t possible, the
order may be mailed to you or you
may go back to court at a later date
to request a copy.
• Read your child support order, make
sure you understand it, and keep a
copy. If you disagree with the child
support order, you have 30 days from
the date of the order to le a written
objection in court. A judge will review
the case record and decide if the
order is correct or should be changed.
A sample of a child support order is
provided in the back of this booklet.
• After the order has been entered into
the child support computer system,
you will receive a letter in the mail
telling you how much you have to
pay and how payments are to be
made. Read this letter carefully to
make sure that all of the information
is accurate. Contact OCSE with any
corrections.
• You can go to childsupport.ny.gov,
login, and see the status of your
account, including information about
payments.
Paying Your Child
Support Order
How Payments Are Made
You are responsible for paying your
child support order. If you are working,
a notice will be sent to your employer
with instructions for taking child
support payments from your salary
and sending the money to OCSE.
Child support payments can also be
taken directly from other sources of
income including pension, military
allowance, social security, disability,
and unemployment insurance. Child
support payments cannot be taken
from cash assistance or SSI benefits.
If your child support order includes
medical support, a notice will be sent
to your employer to deduct the cost of
the health insurance benets for your
child from your paycheck.
• It may a take a few weeks from the
time that the child support order is
established until payments are de-
ducted from your paycheck. Until
then, you will be expected to make
payments directly to OCSE. If you are
self-employed you will be expected
to make payments directly to OCSE
on a regular basis. Send your pay-
ments by certified check or money
order to the New York State Child
Support Processing Unit, P.O. Box
15363, Albany, NY 12212-5363. In-
clude your account number on your
check. You may also make payments
electronically. Refer to the New York
State website (childsupport.ny.gov)
for details. Credit card payments can
also be made at the OCSE Customer
Service Walk-In Center (151 West
Broadway, 4th oor, in Manhattan).
• It is important that payments are
made on time. If payments fall
behind and your payments come
directly from your job or other source
of income, your regular deductions
may be increased by an additional
50% until your account is paid up
to date, and you may be subject to
other enforcement measures.
10 27
Acknowledgment of Paternity
Documents You Will Need
Bring as much of the following infor-
mation as you can:
• Document showing your name and
social security number or ITIN (Individ-
ual Taxpayer Identication Number)
• Completed Financial Disclosure
Afdavit that came with your
summons
• Proof of address
• Name, address, and phone number
of current or most recent employer
• Health insurance card
• Proof of income/benets:
−
3 most recent pay stubs
−
W2 form
−
Letter from employer verifying
employment and salary
−
Copy of most recent tax return
with attachments
−
Social security or other disability
benets
−
Unemployment insurance benets
−
Bank statements
• Proof of any other children or former
spouse being supported
• Proof of household expenses, unpaid
bills, and loans
Presenting Yourself in Court
When you go to court, you want the
Support Magistrate to listen to what
you have to say and make a fair
decision. If you want to be taken
seriously, you must be respectful of
the court:
• Arrive on time.
• Wear appropriate clothing like a
shirt with a collar and sleeves, and
long pants.
• Be prepared with a list of important
things you want to say.
• Speak when it is your turn; do not
speak directly to the custodial
parent; be direct and to the point
since time is limited.
How Much Child Support
You Can Expect to Pay
The New York State Child Support
Standards Act (CSSA) sets the basic
child support amount at a fixed
percentage of the parents’ income.
Using these percentages ensures that
children benefit from the same
standard of living they would have if
their parents were living together. This
percentage is used for all cases where
the parents’ combined income does
not exceed $143,000. For combined
income above $143,000, the Support
Magistrate can choose whether or not
to use the percentage guidelines, and
may consider other information in
setting the full support amount.
HOW THE AMOUNT OF THE
ORDER IS CALCULATED
The basic support amount is a percent-
age of your gross income minus NYC
taxes, social security and Medicare
deductions, and any child or spousal
support actually paid to another family.
It also depends on how many children
are involved. Income can be salary
from a job, worker’s compensation,
disability payments, unemployment
benets, social security payments, and
many other forms of income. Cash
assistance and SSI are not considered
income.
8 29
Docket No: F-XXXXX-XX
4
-7
Name Social Security # Date of Birth Amount
c
hildren:
Child XX/XX/XXXX
T
otal Child Support: $XX.XX weekly
O
RDERED that the payor, custodial party and any other individual parties immediately notify the Support Collec-
tion Unit of any changes in the following information: residential and mailing addresses, social security number,
t
elephone number, driver’s license number; and name, address and telephone numbers of the parties’ employers
and any change in health insurance benefits, including any termination of benefits, change in the health insurance
benefit carrier or premium, or extent and availability of existing or new benefits; and it is further
O
RDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law
and Rules, or in any other manner provided by law; and it is further
ORDERED that Noncustodial Parent pay additional expenses as follows:
Expense/Payee Payment Payable
Unreimbursed Health Related/
Custodial Parent XX % Via SCU
Child Care/
Custodial Parent XX % Direct
IT IS FURTHER ORDERED that all payments payable through the Support
Collection Unit shall be mailed to: Support Collection Unit, PO Box 15363,
Albany, NY 12212- 5363;
IT IS FURTHER ORDERED that a copy of this order be provided promptly by the Support Collection Unit to
the New York State Case Registry of Child Support Orders established pursuant to Section 111-b(4-a) of the
Social Services Law; and it is further ORDERED that this is a $XX per week order of support from 10/8/04
until it increased on1/28/05.
NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST
OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN
TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON
THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON
APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLEC-
TION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE
COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING
TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON
RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE
PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING
THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT.
(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND
ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-
FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT
FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF
ADJUSTMENT FINDINGS.
(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COL-
LECTION UNIT WITH A CURRENT ADDRESS TO WHICH AN ADJUSTED ORDER CAN BE SENT, AS RE-
QUIRED BY SECTION 443 OF THE FAMILY COURT ACT, THE SUPPORT OBLIGATION AMOUNT
CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE
UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCUR-
RING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF WHETHER OR NOT
THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.
Dated: October 4, 2004 ENTER
Family Court, Support Magistrate
Check applicable box:
Order mailed on [specify date(s) and to whom mailed]: __________________
Order received in court on [specify date(s) and to whom given]:____________
PART
E
c
ont’d
PART
F
PART
G
Notice
t
o inform
Agency
of any
c
hange
i
n your
residence,
e
mployment,
etc.
Expenses in addition to the
basic child support amount:
Medical
Child care
Education
Where to send payments until
they come through your job
Cost of
Living
Adjustments
(COLA)
Name
and seal
of Support
Magistrate
Summary
of court
ndings
For example, if you earn $35,000 a
year after the deductions allowed by
CSSA, and have 1 child, the basic child
support order amount will be approxi-
mately $115 per week. For two children
in the same family, the order would
increase to $168 per week.
In addition to the basic obligation
amount, the child support order must
include medical support, which means
health care costs for the child like health
insurance premiums, deductibles, and
co-payments; medical support costs
are divided between the two parents,
according to their income. Either
parent may be required to enroll the
child in a health insurance plan, if it is
available through their jobs.
The insurance must be available at a
reasonable cost to the employee and
the medical services must be available
where the child lives. Reasonable
education and day care expenses for
the child may also be included in the
child support order. These expenses are
usually divided between the two
parents according to their income.
The effective date of any child support
order is the date that the petition was
led, not the date that the order was
established in court. For example, if
a petition was filed on October 1,
and a child support order for $115 per
week was established at a hearing on
December 5, the noncustodial parent
would start out already owing more
than $1,000 in retroactive child
support.
Child Support Order Amounts for
Low-Income Noncustodial Parents
It is very important to show up at the
hearing and bring your nancial infor-
mation, so the Support Magistrate can
establish an order based on your income.
• If your yearly income is below the New
York State self-support reserve (SSR)
($16,038 for 2016), your child support
order may be established at $50 per
month. The SSR and the federal
poverty level change every year.
• If your yearly income is below the
federal poverty level for one person
($11,880 for 2016), your child support
order may be established at $25 per
month and the amount of arrears
you owe will be limited to $500.
• If you have a low-paying job or no
job, the Support Magistrate may
refer you to the Support Through
Employment Program (STEP). You
will be referred to an organization
that will help you get a job. Once
you start making more money, the
amount of your child support order
may be increased at a court hearing.
After the Hearing Is Over
• If a child support order is established,
you will be given a payment instruc-
tion sheet, stating the amount of
your child support order and how
to start making payments. In most
28 9
F
.C.A. §§ 413, 416, 433, 438, 4-7 11/2002
439, 440,442-447, 471; Art.5-B,
A
t a term of the Family Court of the State of New
York, held in and for the County of Richmond, at
100 Richmond Terrace, Staten Island, NY 10301,
o
n October 4, 2004
P
RESENT: Family Court, Support Magistrate
In the Matter of a Support Proceeding File #: XXXXX
Docket #: F-XXXXX-XX
CSMS #: XXXXXXXXX
Custodial Parent, SSN: XXX-XX-XXXX,
Petitioner, ORDER OF SUPPORT
– against –
Noncustodial Parent, SSN: XXX-XX-XXXX,
Respondent.
NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIM-
INAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPEN-
SION OF YOUR DRIVER’S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND
OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPO-
SITION OF REAL OR PERSONAL PROPERTY LIENS.
SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS
OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER
WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER.
The above-named Petitioner having filed a petition in this Court on June 22, 2004, alleging that Noncustodial
Parent is chargeable with the support of:
Name Date of Birth
Child’s Name XX/XX/XXXX
Noncustodial Parent having appeared before this Court to answer the petition, having been advised by the
Court of the right to counsel, and to show why an order of support and other relief prayed for in the petition
should not be granted; and Noncustodial Parent having admitted the allegations of the petition; and the matter
having duly come on to be heard before this Court;
NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs
and testimony offered in relation thereto, the Court finds that: Noncustodial Parent is the Noncustodial party,
whose pro rata share of the basic child support obligation is $XX.XX weekly for the following child:
Name Child Date of Birth Social Security #
And the Court finds further that: The Noncustodial party’s pro rata share of the basic child support obligation
is neither unjust nor inappropriate;
Noncustodial Parent is currently unemployed;
NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs
and testimony offered in relation thereto, it is
ORDERED AND ADJUDGED that effective January 28, 2005, Noncustodial Parent is chargeable with the
support of the following person(s) and is possessed of sufficient means and able to earn such means to provide
the payment of the sum $XX.XX weekly to Custodial Parent by certified check or money order payable to
the Support Collection Unit, such payments to commence on January 28, 2005, for and toward the support of
Noncustodial Parent’s children, allocated as follows:
Sample of Child Support Order
PART
A
F
amily Court
Act laws that
govern the
court hearing
PART
B
PART
C
PART
D
Form number and date of issue
Child support case
and court identifying
information
Type of order
Parties involved
Filing
an
objection
Noncustodial parent’s employment status
Effective
date of
the child
support
order
(Your date
will be
different)
C
ourt
address
a
nd the
h
earing
date
The person who will receive the child support payments
PART
E
1 child…………17%
2 children………25%
3 children………29%
4 children………31%
5 or more………at least 35%
Glossary of Child
Support Terms
A
Absent Parent | Person who is
absent from the home and is legally
responsible for providing financial
support for a dependent child (also
referred to as the noncustodial
parent, nonresident parent, and
respondent in court case).
Accrual | Sum of child support
payments that are overdue.
Acknowledgment of Paternity
(AOP) | Form that establishes the
paternity (legal fatherhood) of a child
through a voluntary process, without
going to court. It must be completed
and signed by both parents.
Additional Amount
(also called
Add Amount)
| Amount to be paid
by income execution in addition to
the regular child support obligation in
order to satisfy the delinquency on an
account.
Adjournment | Temporary
postponement of the hearing until a
specic date in the future.
Administrative Process | Method
by which support orders are enforced
by OCSE instead of by courts and
judges.
Afdavit | Written statement of fact
made voluntarily under oath.
Allocated Child Support Order |
Order that lists each party of the order
(children, spouse) with a specific
amount assigned for each dependent.
Amend | Change to a legal document.
Arrears | Amount of child support
that is overdue and unpaid.
Assignment of Support Rights |
Person agrees to turn over to the State
any right to child support payments
that accrue while in receipt of cash
assistance in exchange for cash assis-
tance and other benets.
B
Basic Child Support Obligation |
Amount of the child support order
based on a fixed percentage of
parental income, before medical
support and expenses for child care,
and/or educational expenses are
added on.
Bonus Payment | Cash assistance
recipients with child support orders
may receive up to $100 per month
($200 if there are two or more children
receiving child support) of the child
support collected in the same month
that it is owed. (See also
Pass-Through
Payment
.)
Burden of Proof | Duty of a party to
produce the greater weight evidence
on a point at issue.
C
Cash Assistance | Government
benefit providing financial support
for very low-income individuals and
families, administered in New York City
by HRA (Human Resources Administra-
tion). Cash assistance is delivered to
clients electronically by EBT (Electronic
Benet Transfer).
Cash Undertaking | As the result of
a court hearing, a noncustodial parent
may be ordered to pay a cash deposit
to OCSE’s Support Collection Unit of
up to 3 years’ worth of child support
payments. Payments can be taken out
of this deposit if the noncustodial
parent fails to pay support regularly.
30
cause,” which usually means there is
fear of domestic violence.
For more information about child support
hearings, please see the online video at
http://www.youtube.com/watch?v=7G_
5uOvMCj4
What You Need to Know
About the Court Hearing
• When a petition for paternity or child
support is filed, you will receive a
summons, either by mail or in person.
It will include the date, time, and
location of the hearing as well
a Financial Disclosure Afdavit for you
to ll out, and a list of documents
you should bring to the hearing.
• For useful information on the court
process and guidance on how to
complete the forms, see the website
of Legal Information for Today:
www.liftonline.org.
• OCSE’s Cash Assistance Agreement
Pilot (CAAP) enables cash assis-
tance families in all five boroughs
to establish paternity, child support
orders, and medical support orders
at OCSE’s Customer Service Walk-in
Center. Agreements are signed and
forwarded to the Family Court for
approval, often without parents
having to appear in court.
• You will
not
be asked about your im-
migration status in court or at any other
time during the child support process.
• Bring as much information as you
can about your income and expenses.
A Support Magistrate will listen to
testimony from both parents, review
the information presented and use
the New York State Child Support
Guidelines to calculate the amount
of the child support order.
• Family Court is separate from Criminal
Court and information is not shared.
• It is not necessary to have a lawyer
in Family Court but you may hire one
if you wish. If the custodial parent
and/or child are receiving cash
assistance, a lawyer will be there to
represent the Department of Social
Services. That’s because when cash
assistance is involved, the petition
requesting child support services is
filed by the Department of Social
Services, not the custodial parent.
Why You Should Show up
at the Hearing
• You are required to be present at
the hearing. If you are unable to be
there, contact the court and ask that
the date be changed.
• If you do not provide sufcient nan-
cial information or fail to show up, the
Support Magistrate can still order you
to pay child support by issuing a de-
fault order. Since a default order is not
based on your exact income, it may be
more than you can afford to pay.
• Once a default order is issued, you
can le a petition in court to have it
lowered. Until then, the amount of
child support you owe will increase
if it is not paid and the order may
become eligible for strong enforce-
ment actions.
• If you think that you are not the
father, go to the hearing and ask
for a DNA test.
Change of Circumstances |
Unexpected change in noncustodial
parent’s financial situation due to
injury, illness, or sudden loss of
employment which affects their ability
to pay their court-ordered child
support; grounds for ling a downward
modication in court.
Change of Payee | Allows for
private child support payments to be
sent to OCSE for processing, record
keeping, distribution, and enforcement.
Child Support Standards Act
(CSSA) | Legislation passed in 1989
to make child support orders fair and
consistent throughout New York State
by standardizing the formula for calcu-
lating basic child support orders.
COLA
(Cost of Living Adjustment) |
Increase to a child support order,
without a court hearing. COLA is based
on changes in the Consumer Price
Index for Urban Areas (CPI-U), which
keeps track of day-to-day living expenses
like food, clothing, housing, etc.
Concurrent Jurisdiction | An order
which allows more than one court to
make decisions about and modify a
child support order. This may happen
with New York State Supreme Court
and Family Court.
Consumer Credit Protection Act
(CCPA) | Federal law that limits the
amount that may be withheld from
earnings; it takes into consideration:
net income after mandatory taxes are
taken out, the amount of arrears
owed, and whether an additional
family is being financially supported.
Court Order | Legally binding
document issued by a court of law. A
court order related to child support will
include how often, how much, how
long and what kind of support the
noncustodial parent must pay and
whether an employer must withhold
support from their wages.
CPI-U (Consumer Price Index for
Urban Areas) | Tracks the prices
of items like food, clothing and
housing on an annual basis. Cost of
Living Adjustments (COLA) are based
upon the yearly changes in the CPI-U.
Custodial Parent (CP) | Parent,
relative, or guardian who lives with
and is the primary caretaker of the
child or children.
Custody | Legal determination that
establishes with whom the child shall
live: the mother, father, or other adult.
D
Decree | Judicial decision of a court.
Default Order | Child support order
issued when the noncustodial parent
fails to provide sufficient information
or fails to appear in court, and proof of
summons service has been provided.
Delinquency | An amount of money
due on a child support case but not
paid.
Dependent | A child who is under
the care of someone else. Most
children who are eligible for child
support are dependents.
Direct Pay Order | Child support
order is payable directly from the
noncustodial parent to the custodial
parent.
Disbursement | The paying out of
collected child support funds to custo-
dial parents or to the Department of
Social Services if the client is receiving
cash assistance.
Dismissal without Prejudice |
Petition is dismissed now but may be
6 31
taken up at a later date in court. For
example, there is no summons service.
Dismissal with Prejudice | The
facts of a petition are found to have
no merit and the case is absolutely
dismissed from court. For example:
DNA proves that the respondent is
not the biological father.
Disposable Income | Amount of
income left over after taxes and
Medicare and FICA and pension plan
payment deductions are taken out.
DNA Test | Analysis of inherited
factors to determine if a particular man
is the child’s father; DNA samples are
taken from inside the cheek of the
father, mother, and child using a
specially designed swab.
Docket Number | Number assigned
by the court to identify the case.
E
EBT (Electronic Benet Transfer) |
Method by which the New York State
Ofce of Temporary & Disability Assis-
tance (OTDA) delivers cash and food
stamp benets to recipients. Benets
are accessed using an ID card and PIN.
Emancipated | A child is not living
with his/her parents and has a source
of income, or is in the military, or is
married.
Enforcement | Application of
remedies to obtain payment of a child
or medical support obligation
contained in a child support order.
Examples of remedies include seizure
of assets, suspension of driver’s
license, denial of U.S. passport, etc.
Establishment | Process of proving
paternity and/or obtaining a court order
to put a child support obligation in place.
F
Family Court Support Services
(FCSS) | Division of OCSE that
handles the intake of local non-cash
assistance child support cases.
Family Support Act | Law passed
in 1988 that mandates immediate
wage withholding on child support
orders and requires states to use
guidelines to decide the amount of
support for each family.
Federal Parent Locator Service
(FPLS) | Computerized national
location network service that helps
states locate noncustodial parents by
matching database information; FPLS
can provide information helpful to
establishing custody, paternity, and
child support and for adoption and
foster care issues.
Financial Disclosure Afdavit |
Document given to both parties in a
child support case, requesting detailed
nancial, wage, and expense
information; used by the court to
determine child support, medical
support, childcare and other parts of
the child support order.
Findings of Fact | Notes and calcu-
lations used by the Support Magistrate in
establishing a child support order.
G
Garnish | Legal proceeding under
which part of a person’s wages and/or
assets is withheld for payment of a
debt like child support.
Good Cause | Legal reason for
which a cash assistance applicant or
recipient is excused from cooperating
with child support.
out a paternity petition through an
interactive computer program. Once
you download and sign the petition,
you can bring it, or mail it, to Family
Court. You will be given a hearing date
and instructions about what to do
next. When paternity is established at
a court hearing, an Order of Filiation is
issued and led with the DOHMH. The
birth certificate will be amended to
include the father’s name and change
the child’s last name, if that is requested.
PUTATIVE FATHER REGISTRY
Once paternity is established, that
information is forwarded to the New
York State Putative Father Registry
(PFR), which keeps a record of legal
fathers for the State. The PFR may be
consulted in issues of inheritance,
adoption or any other legal issues
that require notifying a child’s father.
DNA TESTING
• If there is any doubt about the
identity of the biological father,
ask for a DNA test. Contact the birth
registrar in the hospital where the
baby was born, or the OCSE
Outreach and Paternity Services
Unit at 929-221-5008. If you are
going to court for a child support
hearing, the Support Magistrate may
order a DNA test if it is necessary.
• You will be referred to a state-certi-
fied laboratory for low-cost DNA
testing. A swab is used to take DNA
samples from inside the cheeks of
the baby and both parents; the test
is quick and painless.
• You do not have to go to the lab the
same day as the other parent; if you
are under 18, the lab may require
you to have one of your parents
accompany you.
• Results will be sent to you by mail
approximately 2 weeks after the lab
receives all of the samples.
• If you are already paying court-ordered
child support and want a DNA test,
that request must be made in court.
If a DNA test proves that you are not
the biological father, the order will
not be automatically terminated. A
court hearing will be required and a
decision will be made that is in the
best interests of the child.
Going to Court
Child support orders are legal
documents that are established in
court. Either parent may le a petition
in Family Court for a child support
hearing. If the custodial parent and/or
child are applying for or receiving cash
assistance, the Department of Social
Services (also known as the Human
Resources Administration, HRA) will
automatically le a petition on behalf
of the child. Custodial parents receiv-
ing cash assistance are required to
cooperate with child support in order
to get full benets for their families.
Custodial parents who do not comply
with child support requirements may
have their cash benets reduced by 25%
and lose Medicaid for themselves.
Custodial parents may be excused
from cooperating if there is “good
32 5
father’s name will appear on the birth
certicate right away. Otherwise, that
area of the birth certicate is left blank.
After the baby goes home from the
hospital, paternity can still be estab-
lished through the voluntary process
by contacting OCSE or the New York
City Department of Health and Mental
Hygiene (DOHMH). If paternity is
established after the baby has left the
hospital, the birth certificate will be
amended to include the father’s name
and change the child’s last name, if
requested.
• Parents do not have to sign the AOP
at the same time.
• Paternity can be established even
if you are in the military, in jail,
or out of the country.
• If you are not sure that you are the
father, do not sign the AOP form.
Request a DNA test and wait for the
results before making that decision.
CANCELING
THE ACKNOWLEDGMENT
OF PATERNITY (AOP)
•
Once the AOP is filed with the
DOHMH, it becomes a legal
document. If you change your mind
about establishing paternity, you
have to go to court to file a
petition to cancel the AOP.
If you were 18 years or older when
you signed the AOP, you must file
by the earlier of
−
60 days after signing the AOP, or
−
60 days after having to answer
any court petition about the child.
If you were younger than 18 years
when you signed the AOP, you
must file by the earlier of
−
60 days after reaching age 18, or
−
60 days after having to answer
any court petition about the child
if you were advised of your right to
cancel the AOP at a proceeding
related to the child.
• After these time limits have passed,
the only way to challenge the
Acknowledgment of Paternity in
court is to show proof of fraud,
duress, or material mistake of fact.
Even then, the court could decide it
is in the child’s best interest not to
order genetic tests.
PATERNITY ESTABLISHMENT
IN COURT
It may be necessary to establish
paternity in court if:
• Parents are unable to agree about
signing the AOP form.
• The mother is still legally married
to someone else, even though she
knows that her husband is not the
father of the child.
• There is doubt about the identity of
the father and either parent refuses
DNA testing.
• You are in court for a child support
hearing and paternity has not already
been established.
Either parent may file a petition to
establish paternity in court. You can go
to court to le the petition or go online
to New York State DIY (Do-It-Yourself)
Forms at www.nycourthelp.gov to ll
H
Hearing | Legal proceeding held
in front a judge. The judge at a child
support hearing is called a Support
Magistrate.
I
Income | Any regular form of
payment to an individual, regardless
of source, including salaries, commis-
sions, bonuses, unemployment insur-
ance, worker’s compensation, disabili-
ty, pension, or interest. Cash assistance
and SSI benets are not considered
income.
Income Execution (IEX) | Adminis-
trative process by which a noncusto-
dial parent’s child support payments
are deducted directly from his/her
wages or other income and sent to the
Child Support Collection Unit. May be
referred to as wage withholding, gar-
nishment, or payroll deductions.
Intercept | Method of securing child
support by taking a portion of non-
wage payments made to a noncusto-
dial parent. Non-wage payments
subject to interception include tax
refunds and lottery winnings.
Interstate Cases | Cases in which
the dependent child and noncustodial
parent live in different states and
where two states are involved in some
child support case activity, such as
establishment or enforcement.
J
Job Center | Entry point for people
seeking cash assistance. Provides on-
site access to job search, training, and
placement and benets like Medicaid
and Food Stamps. OCSE receives refer-
rals from Job Centers for clients who
are required to cooperate with the
child support program.
Judgment | Ofcial decision or
nding of a Judge or Support Magis-
trate.
Jurisdiction | The legal authority
which a court or administrative agency
has over particular persons and over
certain types of cases, usually in a
defined geographical area.
L
Legal Father | Man who is recog-
nized by law as the male parent of a
child. In order to be recognized as the
legal father, paternity must be estab-
lished if the parents are not married
to each other.
Lien | Claim upon property to
prevent sale or transfer until a debt
is paid up.
Locate | Process by which a noncus-
todial parent is found, for the purpose
of establishing paternity and establish-
ing and/or enforcing a child support
obligation.
Long Arm Jurisdiction | Legal
provision that permits one state to
claim personal jurisdiction over
someone who lives in another state.
Lottery Intercept | Process by
which a noncustodial parent’s lottery
prize winnings are sent to the Ofce
of Child Support Enforcement to satisfy
past-due support obligations.
M
Medical Assistance (Medicaid)
Only (MAO) | Form of public assis-
tance that provides benets to recipi-
ents only in the form of medical, rather
than nancial, assistance.
Medical Support |
Legal provision
for medical coverage to be included in
a child support order.
4 33
Modication Petition | Formal
written application to a court request-
ing a change in an existing child
support order.
Money Judgment | Specic amount
of arrears set by the Support Magistrate,
in a formal judgment, which accrues 9%
interest annually. A money judgment
may be led with the County Clerk’s
Ofce.
N
National Medical Support Notice
(NMSN) | Notice sent to the noncus-
todial parent’s employer requiring that
health insurance coverage be provided,
where available.
New Hire Reporting | Program
that requires all employers to report
newly hired employees to the New
York State Directory of New Hires for
possible enforcement of child support
and medical support obligations by
wage deductions.
Noncustodial Parent (NCP) |
Parent who does not live with and is
not the primary caretaker of a minor
child.
Notarize | To certify something, such
as a signature, on a legal document as
authentic or legitimate by affixing a
stamp and signature.
Nunc Pro Tunc | Latin meaning
‘now for then’ – it refers to changing
the date of an order, judgment, or
ling of a document, back to an earlier
date.
O
Objection | Written claim, disagree-
ing with specific items in an order.
Must be led within 30 days of receipt
of the order.
Obligation Amount | The amount
of child support that the noncustodial
parent is required to pay.
Ofce of Child Support
Enforcement (OCSE) | Division
of the Human Resources Administra-
tion responsible for obtaining and
enforcing child support orders for
families living in New York City.
Order | Written signed direction
of a Support Magistrate or Judge.
Order of Filiation | Court order
that establishes a legal father.
Order of Protection | Court direc-
tive that prohibits contact/communica-
tions by one party to another party.
Order on Consent | Order agreed
to by both parties in an action. At a
child support hearing, the parents may
agree to an order amount that is
different from the Child Support
Standards Act guidelines.
P
Parent Locator Services | Comput-
erized network of state databases
used to locate respondents in child
support cases.
Party | Person or organization
directly involved in a legal matter.
Pass-Through Payment | Cash
assistance recipients with child
support orders may receive up to $100
per month ($200 if there are two or
more children receiving child support)
of the support collected in the same
month that it is owed; also called
bonus payment or child support
“disregard.”
Paternity | Legal determination of
fatherhood. Paternity must be estab-
lished before child support or medical
support can be ordered.
Child Support
& Family Court
Many people think that Family Court
and OCSE are part of the same agency.
That is not true. Each has different
functions in the child support process.
The Ofce of Child Support Enforce-
ment (OCSE) is part of the New York
City Human Resources Administration
(HRA), an agency of the City of New
York. OCSE is the rst stop in the child
support process for custodial parents.
Once an application for services is led,
OCSE starts the child support case.
OCSE establishes paternity through a
voluntary process, locates noncustodial
parents, and serves summonses. After
the child support order has been estab-
lished in court, OCSE monitors, collects,
and distributes the payments. When
payments fall behind, OCSE has the
authority to enforce orders through
administrative means.
Family Court is part of the New York
State Unied Court System. The court’s
role in child support is to process
petitions, set hearing dates, establish
orders of liation (if paternity has not
been established through the volun-
tary process), establish new child
support and medical support orders,
and make changes to existing ones.
When payments fall behind, a violation
petition may be led and the court
may enforce the order through judicial
means. A request to either raise or
lower the amount of a child support
order must be made by ling a
modication petition in court. OCSE
cannot make those changes for you.
Paternity
Paternity means fatherhood. Establish-
ing paternity refers to the legal identi-
cation of the biological father when
parents are not married to each other.
Paternity can be established anytime
before the child turns 21. There are no
age restrictions for parents establish-
ing paternity. Teen parents can estab-
lish paternity without their parents’
consent or signatures.
Why You Should Establish
Paternity
•To give your child benefits like:
health insurance, child support,
social security, military allowance,
pension, the right to inherit from
you, and have access to your family
medical history.
•To have the father’s name on the
child’s birth certicate.
•For the right to ask for visitation
or custody through Family Court.
•For the right to be consulted about
decisions concerning the child’s
future if the custodial parent is
unable to care for the child.
How to Establish Paternity
VOLUNTARY ACKNOWLEDGMENT
OF PATERNITY
If both parents agree, they can sign an
Acknowledgment of Paternity (AOP) as
soon as the baby is born. Acknowledg-
ing paternity in the hospital, when the
baby is born, means that the
34 3
INTRODUCTION
Every child should be able to count on both parents for love and support. That’s
true even when both parents do not live together or were never married to each
other. It’s best to be involved with your child from birth, but it’s never too late to
become a responsible and caring parent. Part of being a responsible parent is
providing nancial support for your children.
The Ofce of Child Support Enforcement (OCSE) puts children rst by helping
parents assume responsibility for the economic and social well-being and health
and stability of their children. We recognize the value of improved relationships
with both parents.
Services to custodial parents (parents living with and caring for their children)
include locating the noncustodial parent (parent living outside the household),
establishing paternity, serving the summons, helping to establish court-ordered
child support and medical support, and collecting and enforcing those orders.
OCSE assists noncustodial parents by offering programs to help them meet their
child support obligations and manage their child support cases. Services are
provided to all parents regardless of income or immigration status.
Although most noncustodial parents are fathers, it is not always the case. In
some families, the father is the custodial parent and the mother is the noncusto-
dial parent. In other families the grandparents, or other relatives, are the primary
caretakers and both the mother and father are considered noncustodial parents.
The information in this handbook is for all noncustodial parents. We encourage
you to read this handbook and learn about your rights and responsibilities
throughout the child support process. This knowledge will help you make
informed decisions and manage your child support case to achieve the best
outcomes for your children.
Paternity Petition | Formal written
application to a court requesting
judicial action to determine legal
fatherhood of a specific man for a
specic child.
Payee | Person or organization in
whose name child support money is
paid, e.g., the child’s grandmother.
Payor | Person who makes a
payment, usually a noncustodial
parent or someone acting on his/her
behalf. Also known as the obligor.
Petition | Formal written request to
a court to initiate a court action.
Petitioner | Person or organization
that les a formal request to initiate a
court action.
PIN
(Personal Identication Number) |
Unique identication number assigned
to clients in order to access their child
support account information from the
New York State child support website
(newyorkchildsupport.com) and
helpline (888-208-4485).
Poverty Level | Level of income
considered too low to purchase life’s
necessities according to the federal
government. The 2016 poverty level
for a single person is $11,880. For
each additional person in the family,
$4,160 is added.
Property Execution (PEX) |
Administrative process by which the
Ofce of Child Support Enforcement
(OCSE) seizes the nancial assets,
usually bank accounts, of a noncusto-
dial parent who is delinquent in paying
child support.
Pro Rata Share | The portion of the
total amount that each parent must
pay for items included in the child
support order like child care or unreim-
bursed medical expenses.
Pro Se | Latin meaning ‘for oneself’;
someone who represents him/herself
in court without an attorney.
Putative Father Registry (PFR) |
Record of fathers kept by New York
State. Examples of documents that are
stored at the PFR are Acknowledg-
ments of Paternity (AOP), court orders
establishing paternity, and non-legally-
binding statements regarding paterni-
ty. The PFR may be consulted on issues
of inheritance, adoption and any other
legal issues that require notifying a
child’s father.
R
Recipient | Person or organization
that receives support funds and/or
public assistance benets, including
cash assistance, Food Stamps,
Medicaid, etc.
Reciprocity | Relationship in which
one state or country grants certain
privileges to other states or countries
on the condition that they receive the
same privilege.
Relief | Legal remedy.
Respondent | Person who responds
to the petition. This is whichever party
is led against for relief.
Retroactive Support | Child
support that is ordered to be paid back
to a past date, usually the date that
the petition was led. Retroactive
support creates an immediate debt.
S
Sanction | Penalty for violation or
lack of cooperation. At OCSE, refers to
a reduction of benets imposed on a
cash assistance client for not cooperat-
ing with child support requirements.
2 35
Self-Support Reserve | Factor in
calculating child support in New York
State when either parent is at or near
the poverty level; the self-support
reserve is 135% of the federal poverty
level. The self-support reserve for
2016 is $16,038.
STEP
(Support Through Employment
Program)
| Provides job training and
placement for noncustodial parents
who are unable to pay child support
because they are unemployed or have
low paying jobs. Referrals to STEP may
be made at the child support hearing.
Stipulation | Written agreement by
parties on opposite sides of a case.
Summons | Notice stating that an
action against the recipient has been
started. A summons for a child
support hearing will tell the parent
where and when to show up, and
what information to bring.
Support Collection Unit (SCU) |
Division of the Office of Child
Support Enforcement responsible for
the collection, monitoring and
disbursement of child support
payments.
Support Magistrate | Attorney,
appointed by the local Family Court,
who can hear testimony and make
decisions in child support cases.
Support Order | Court-issued order
establishing child support obligation.
Support orders may be temporary or
final and subject to modification.
Support orders may include monetary
and medical support, child care,
education expenses, and payment of
arrearages, interest, penalties, and
other forms of relief.
T
Tax Refund Offset | Process by
which a noncustodial parent’s federal
or state tax refunds are taken to satis-
fy a child support debt.
Terminate an Order | End current
obligation; provided effective end date
of a child support order. Arrears must
still be paid.
U
UIFSA (Uniform Interstate Family
Support Act)
| Federal law enacted
in 1996 to ease the process of receiv-
ing child support payments across
state lines. It requires states to
cooperate with each other to get and
enforce child support orders; permits
states to enact direct income
withholding with employers in other
states; prevents multiple child
support orders being issued for the
same case in different states.
V
Vacate an Order | Set aside a
previous order, as if it never existed.
W
Wage Withholding | Automatic
deduction from income that starts as
soon as an IEX (Income Execution)
notice is sent to the employer.
Willful Non-Payment | The
noncustodial parent deliberately fails
to pay court-ordered child support
even though he/she can afford it.
TABLE OF CONTENTS
INTRODUCTION
2
CHILD SUPPORT & FAMILY COURT 3
PATERNITY 3
GOING TO COURT 5
PAYING YOUR CHILD SUPPORT ORDER 10
WHERE THE PAYMENTS GO 14
CUSTODY & VISITATION 15
NONCUSTODIAL PARENT EARNED INCOME TAX CREDIT 15
CHANGING YOUR CHILD SUPPORT ORDER & DEBT OWED 16
FALLING BEHIND ON PAYMENTS 19
TERMINATING THE CHILD SUPPORT ORDER 22
INFORMATION & RESOURCES FOR NONCUSTODIAL PARENTS 24
ACKNOWLEDGMENT OF PATERNITY FORM 27
SAMPLE CHILD SUPPORT ORDER 28
GLOSSARY OF CHILD SUPPORT TERMS 30
36
CHILD
SUPPORT
HANDBOOK
for Noncustodial Parents
Bill de Blasio
Steven Banks
NYCHRA
HRA NYC
NYCHRA
W-549c (E)
Rev. 07/16
© Copyright 2016. The City of New York, Human Resources Administration/Department
of Social Services. For permission to reproduce all or part of this material contact the
New York City Human Resources Administration.