To obtain a young child support order in New York, you will need to file a problem 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 even commence a young child support proceeding in the county where in actuality 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 should be not married to another parent, your youngster support proceeding must certanly be filed in Family Court. In the event that you and another parent are married, you also have the opposition of requesting a young child support order in Supreme Court together with a divorce case. Because of the complex procedural requirements related to Supreme Court proceedings, you should strongly consider retaining a New York child support lawyer if you are considering Supreme Court.
There are substantial differences between Family Court and Supreme Court. These differences include:
If you intend to proceed pro se (i.e., lacking any attorney), you'll generally find Family Court far more user-friendly. A large proportion of Family Court litigants do not need attorneys. Also, in Family Court, proceedings are frequently conducted by support magistrates or referees, as opposed to judges. In practice, which means that the process is less formal. Often, evidentiary rules which are strictly applied in Supreme Court are applied less stringently in Family Court. child support division
In Family Court, you may not need to pay for a filing fee. On the other hand, in Supreme Court, there's a $210.00 Index Number Fee for filing a new case. However, the Index Number fee could be waived upon a showing of financial need.
The legal forms and procedures for beginning a support case are much simpler in Family Court than in Supreme Court. An assistance proceeding in Family Court is commenced by the filing of an easy petition. The Family Court's clerk's office has fillable forms as possible use. There is no requirement that you state a certain number of support to be paid. The Family Court has the power, irrespective of the total amount demanded, to grant an appropriate amount on the basis of the proof presented at a hearing.
Finally, Family Court support proceedings will 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 prepare your own summons. Whenever you file your support petition, the court clerk will offer you copies of the summons and petition, which should be personally served on the respondent with a New York resident apart from yourself. If you believe that the non-custodial parent may try to evade or deny service of process, you should strongly consider hiring licensed New York process server.
New York Child Support Law: Only Custodial Parents Can Get Support:
Regardless that court you choose, you will find certain basic rules of law that apply to all or any New York child support cases. First and foremost, just a custodial parent is eligible to support. Under New York law, you are the custodial parent only when you have physical custody of the kid a lot of the time. This rigid rule has survived various legal challenges. Other states are far more flexible, and notice that parents with physical custody less than 50% of the time may, in certain situations, be awarded support. This is not the case in New York. You are able to only be awarded support for a young child when you have custody, which is rigidly interpreted as having physical custody.wasil bey
Generally, the obligation of the non-custodial parent to pay for support for a young child continues until the kid reaches age 21 or if he or she is emancipated at an earlier date. A parent may not be directed to pay for child support or contribute to college education for a young child who is 21 years of age or older where that parent hasn't expressly agreed to take action, since it's well established under New York law a parent is only chargeable with support for a young child who is under age 21. In this regard, New York law differs from the law of other states. For instance, in Maryland, child support ends when the kid reaches age 18. At the alternative end of the spectrum, in New Jersey, there's no fixed date for the termination of child support