To acquire a kid support order in New York, you'll need to file an issue or petition for child support in either the Family Court or the Supreme Court. Usually, child support cases are filed in the county where you and the minor child live. However, you can also commence a kid support proceeding in the county where the child's noncustodial parent (typically the father) resides.
Choosing the Appropriate Court for a New York Child Support Proceeding - Family vs. Supreme:
If you are not married to one other parent, your child support proceeding must certanly be filed in Family Court. If you and one other parent are married, you also have the opposition of requesting a kid support order in Supreme Court along with a divorce case. Due to the complex procedural requirements related to Supreme Court proceedings, you need to strongly consider retaining a New York child support lawyer if you are considering Supreme Court.
You can find substantial differences between Family Court and Supreme Court. These differences include:
If you would like to proceed pro se (i.e., without an attorney), you will generally find Family Court much more user-friendly. The great majority of Family Court litigants do not need attorneys. Also, in Family Court, proceedings are frequently conducted by support magistrates or referees, rather than judges. In practice, this means that the process is less formal. Often, evidentiary rules that are strictly applied in Supreme Court are applied less stringently in Family Court.
In Family Court, you do not need to cover a filing fee. On the other hand, in Supreme Court, there is a $210.00 Index Number Fee for filing a new case. However, the Index Number fee can be waived upon a showing of financial need.
The legal forms and procedures for beginning an assistance case are much simpler in Family Court than in Supreme Court. An assistance proceeding in Family Court is commenced by the filing of a straightforward petition. The Family Court's clerk's office has fillable forms as you are able to use. There's no requirement that you state a certain quantity of support to be paid. The Family Court has the ability, aside from the quantity demanded, to grant a proper amount based on the proof presented at a hearing.
Finally, Family Court support proceedings may also be easier than Supreme Court proceedings because in Family Court, the court itself will issue the summons. In Supreme Court, you will have to ready your own summons. When you file your support petition, the court clerk will give you copies of the summons and petition, which should be personally served on the respondent by way of a New York resident apart from yourself. If you think that the non-custodial parent may make an effort to evade or deny service of process, you need to strongly consider hiring licensed New York process server.
New York Child Support Law: Only Custodial Parents Can Get Support:
Regardless which court you select, you can find certain basic rules of law that apply to any or all New York child support cases. First and foremost, only a custodial parent is eligible to support. Under New York law, you're the custodial parent only when you yourself have physical custody of the little one a majority of the time. This rigid rule has survived various legal challenges. Other states are more flexible, and notice that parents with physical custody less than 50% of the time may, using situations, be awarded support. This really is false in New York. You are able to only be awarded support for a kid when you yourself have custody, that will be rigidly interpreted as having physical custody.
Generally, the obligation of the non-custodial parent to cover support for a kid continues until the little one reaches age 21 or if he or she is emancipated at an earlier date. A parent may not be directed to cover child support or contribute to college education for a kid who is 21 years of age or older where that parent hasn't expressly agreed to take action, since it is well established under New York law that the parent is just chargeable with support for a kid who is under age 21. In this regard, New York law differs from regulations of other states. As an example, in Maryland, child support ends when the little one reaches age 18. At the opposite end of the spectrum, in New Jersey, there is no fixed date for the termination of child support