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 theNew York City Human Resources Administration.

Self-Support Reserve | Factor incalculating child support in New YorkState when either parent is at or nearthe poverty level; the self-supportreserve is 135% of the federal povertylevel. The self-support reserve for2016 is $16,038.

STEP (Support Through EmploymentProgram) | Provides job training andplacement for noncustodial parentswho are unable to pay child supportbecause they are unemployed or havelow paying jobs. Referrals to STEP maybe made at the child support hearing.

Stipulation | Written agreement byparties on opposite sides of a case.

Summons | Notice stating that anaction against the recipient has beenstarted. A summons for a childsupport hearing will tell the parentwhere and when to show up, andwhat information to bring.

Support Collection Unit (SCU) |Division of the Office of ChildSupport Enforcement responsible forthe collection, monitoring anddisbursement of child supportpayments.

Support Magistrate | Attorney,appointed by the local Family Court,who can hear testimony and makedecisions in child support cases.

Support Order | Court-issued orderestablishing child support obligation.Support orders may be temporary orfinal and subject to modification.Support orders may include monetaryand medical support, child care,education expenses, and payment ofarrearages, interest, penalties, andother forms of relief.

TTax Refund Offset | Process bywhich a noncustodial parent’s federalor state tax refunds are taken to satis-fy a child support debt.

Terminate an Order | End currentobligation; provided effective end dateof a child support order. Arrears muststill be paid.

UUIFSA (Uniform Interstate FamilySupport Act) | Federal law enacted in 1996 to ease the process of receiv-ing child support payments acrossstate lines. It requires states tocooperate with each other to get andenforce child support orders; permitsstates to enact direct incomewithholding with employers in otherstates; prevents multiple childsupport orders being issued for thesame case in different states.

VVacate an Order | Set aside aprevious order, as if it never existed.

WWage Withholding | Automaticdeduction from income that starts assoon as an IEX (Income Execution)notice is sent to the employer.

Willful Non-Payment | Thenoncustodial parent deliberately failsto pay court-ordered child supporteven 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

INTRODUCTIONEvery child should be able to count on both parents for love and support. That’strue even when both parents do not live together or were never married to eachother. It’s best to be involved with your child from birth, but it’s never too late tobecome a responsible and caring parent. Part of being a responsible parent isproviding financial support for your children.

The Office of Child Support Enforcement (OCSE) puts children first by helpingparents assume responsibility for the economic and social well-being and healthand stability of their children. We recognize the value of improved relationshipswith 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-orderedchild support and medical support, and collecting and enforcing those orders.OCSE assists noncustodial parents by offering programs to help them meet theirchild support obligations and manage their child support cases. Services areprovided to all parents regardless of income or immigration status.

Although most noncustodial parents are fathers, it is not always the case. Insome 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 primarycaretakers and both the mother and father are considered noncustodial parents.

The information in this handbook is for all noncustodial parents. We encourageyou to read this handbook and learn about your rights and responsibilitiesthroughout the child support process. This knowledge will help you makeinformed decisions and manage your child support case to achieve the bestoutcomes for your children.

Paternity Petition | Formal writtenapplication to a court requestingjudicial action to determine legalfatherhood of a specific man for aspecific child.

Payee | Person or organization inwhose name child support money ispaid, e.g., the child’s grandmother.

Payor | Person who makes apayment, usually a noncustodialparent or someone acting on his/herbehalf. Also known as the obligor.

Petition | Formal written request toa court to initiate a court action.

Petitioner | Person or organizationthat files a formal request to initiate acourt action.

PIN (Personal Identification Number) |Unique identification number assignedto clients in order to access their childsupport account information from theNew York State child support website(newyorkchildsupport.com) andhelpline (888-208-4485).

Poverty Level | Level of incomeconsidered too low to purchase life’snecessities according to the federalgovernment. The 2016 poverty levelfor a single person is $11,880. Foreach additional person in the family,$4,160 is added.

Property Execution (PEX) |Administrative process by which theOffice of Child Support Enforcement(OCSE) seizes the financial assets,usually bank accounts, of a noncusto-dial parent who is delinquent in payingchild support.

Pro Rata Share | The portion of thetotal amount that each parent mustpay for items included in the childsupport order like child care or unreim-bursed medical expenses.

Pro Se | Latin meaning ‘for oneself’;someone who represents him/herselfin court without an attorney.

Putative Father Registry (PFR) |Record of fathers kept by New YorkState. Examples of documents that arestored at the PFR are Acknowledg-ments of Paternity (AOP), court ordersestablishing paternity, and non-legally-binding statements regarding paterni-ty. The PFR may be consulted on issuesof inheritance, adoption and any otherlegal issues that require notifying achild’s father.

RRecipient | Person or organizationthat receives support funds and/orpublic assistance benefits, includingcash assistance, Food Stamps,Medicaid, etc.

Reciprocity | Relationship in whichone state or country grants certainprivileges to other states or countrieson the condition that they receive thesame privilege.

Relief | Legal remedy.

Respondent | Person who respondsto the petition. This is whichever partyis filed against for relief.

Retroactive Support | Childsupport that is ordered to be paid backto a past date, usually the date thatthe petition was filed. Retroactivesupport creates an immediate debt.

SSanction | Penalty for violation orlack of cooperation. At OCSE, refers toa reduction of benefits imposed on acash assistance client for not cooperat-ing with child support requirements.

2 35

Modification Petition | Formalwritten application to a court request-ing a change in an existing childsupport order.

Money Judgment | Specific amountof arrears set by the Support Magistrate,in a formal judgment, which accrues 9%interest annually. A money judgmentmay be filed with the County Clerk’sOffice.

NNational Medical Support Notice(NMSN) | Notice sent to the noncus-todial parent’s employer requiring thathealth insurance coverage be provided,where available.

New Hire Reporting | Programthat requires all employers to reportnewly hired employees to the NewYork State Directory of New Hires forpossible enforcement of child supportand medical support obligations bywage deductions.

Noncustodial Parent (NCP) |Parent who does not live with and isnot the primary caretaker of a minorchild.

Notarize | To certify something, suchas a signature, on a legal document asauthentic or legitimate by affixing astamp and signature.

Nunc Pro Tunc | Latin meaning‘now for then’ – it refers to changingthe date of an order, judgment, orfiling of a document, back to an earlierdate.

OObjection | Written claim, disagree-ing with specific items in an order.Must be filed within 30 days of receiptof the order.

Obligation Amount | The amountof child support that the noncustodialparent is required to pay.

Office of Child Support Enforcement (OCSE) | Division of the Human Resources Administra-tion responsible for obtaining andenforcing child support orders forfamilies living in New York City.

Order | Written signed direction of a Support Magistrate or Judge.

Order of Filiation | Court orderthat 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 agreedto by both parties in an action. At achild support hearing, the parents mayagree to an order amount that isdifferent from the Child SupportStandards Act guidelines.

PParent Locator Services | Comput-erized network of state databasesused to locate respondents in childsupport cases.

Party | Person or organizationdirectly involved in a legal matter.

Pass-Through Payment | Cashassistance recipients with childsupport orders may receive up to $100per month ($200 if there are two ormore children receiving child support)of the support collected in the samemonth that it is owed; also calledbonus payment or child support“disregard.”

Paternity | Legal determination offatherhood. Paternity must be estab-lished before child support or medicalsupport can be ordered.

Child Support & Family Court

Many people think that Family Courtand OCSE are part of the same agency.That is not true. Each has differentfunctions in the child support process.

The Office of Child Support Enforce-ment (OCSE) is part of the New YorkCity Human Resources Administration(HRA), an agency of the City of NewYork. OCSE is the first stop in the childsupport process for custodial parents.Once an application for services is filed,OCSE starts the child support case.OCSE establishes paternity through avoluntary process, locates noncustodialparents, and serves summonses. Afterthe child support order has been estab-lished in court, OCSE monitors, collects,and distributes the payments. Whenpayments fall behind, OCSE has theauthority to enforce orders throughadministrative means.

Family Court is part of the New YorkState Unified Court System. The court’srole in child support is to process petitions, set hearing dates, establishorders of filiation (if paternity has notbeen established through the volun-tary process), establish new childsupport and medical support orders,and make changes to existing ones.When payments fall behind, a violationpetition may be filed and the courtmay enforce the order through judicialmeans. A request to either raise orlower the amount of a child supportorder must be made by filing a

modification petition in court. OCSEcannot make those changes for you.

Paternity

Paternity means fatherhood. Establish-ing paternity refers to the legal identi-fication of the biological father whenparents are not married to each other.Paternity can be established anytimebefore the child turns 21. There are noage 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 fromyou, and have access to your familymedical history.

•To have the father’s name on thechild’s birth certificate.

•For the right to ask for visitation or custody through Family Court.

•For the right to be consulted aboutdecisions concerning the child’s future if the custodial parent is unable to care for the child.

How to Establish Paternity VOLUNTARY ACKNOWLEDGMENTOF PATERNITYIf both parents agree, they can sign anAcknowledgment of Paternity (AOP) assoon as the baby is born. Acknowledg-ing paternity in the hospital, when thebaby is born, means that the

34 3

father’s name will appear on the birthcertificate right away. Otherwise, thatarea of the birth certificate is left blank.

After the baby goes home from thehospital, paternity can still be estab-lished through the voluntary processby contacting OCSE or the New YorkCity Department of Health and MentalHygiene (DOHMH). If paternity is established after the baby has left thehospital, the birth certificate will beamended to include the father’s nameand change the child’s last name, if requested.

• Parents do not have to sign the AOPat 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 thefather, do not sign the AOP form.Request a DNA test and wait for theresults before making that decision.

CANCELING THE ACKNOWLEDGMENT OF PATERNITY (AOP)• Once the AOP is filed with the

DOHMH, it becomes a legaldocument. If you change your mindabout establishing paternity, youhave to go to court to file apetition to cancel the AOP.

If you were 18 years or older whenyou signed the AOP, you must fileby 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 yearswhen you signed the AOP, youmust file by the earlier of− 60 days after reaching age 18, or− 60 days after having to answer

any court petition about the childif you were advised of your right tocancel the AOP at a proceedingrelated to the child.

• After these time limits have passed,the only way to challenge theAcknowledgment of Paternity incourt is to show proof of fraud,duress, or material mistake of fact.Even then, the court could decide itis in the child’s best interest not toorder genetic tests.

PATERNITY ESTABLISHMENT IN COURTIt 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 sheknows that her husband is not thefather of the child.

• There is doubt about the identity ofthe father and either parent refusesDNA testing.

• You are in court for a child supporthearing and paternity has not alreadybeen established.

Either parent may file a petition toestablish paternity in court. You can goto court to file the petition or go onlineto New York State DIY (Do-It-Yourself)Forms at www.nycourthelp.gov to fill

HHearing | Legal proceeding held in front a judge. The judge at a childsupport hearing is called a SupportMagistrate.

IIncome | Any regular form ofpayment to an individual, regardless of source, including salaries, commis-sions, bonuses, unemployment insur-ance, worker’s compensation, disabili-ty, pension, or interest. Cash assistanceand SSI benefits are not consideredincome. Income Execution (IEX) | Adminis-trative process by which a noncusto-dial parent’s child support paymentsare deducted directly from his/herwages or other income and sent to theChild Support Collection Unit. May bereferred to as wage withholding, gar-nishment, or payroll deductions.

Intercept | Method of securing childsupport by taking a portion of non-wage payments made to a noncusto-dial parent. Non-wage paymentssubject to interception include tax refunds and lottery winnings.

Interstate Cases | Cases in whichthe dependent child and noncustodialparent live in different states andwhere two states are involved in somechild support case activity, such asestablishment or enforcement.

JJob Center | Entry point for peopleseeking cash assistance. Provides on-site access to job search, training, andplacement and benefits like Medicaidand Food Stamps. OCSE receives refer-rals from Job Centers for clients whoare required to cooperate with thechild support program.

Judgment | Official decision orfinding of a Judge or Support Magis-trate.

Jurisdiction | The legal authoritywhich a court or administrative agencyhas over particular persons and overcertain types of cases, usually in adefined geographical area.

LLegal Father | Man who is recog-nized by law as the male parent of achild. In order to be recognized as thelegal father, paternity must be estab-lished if the parents are not married to each other.

Lien | Claim upon property toprevent sale or transfer until a debt is paid up.

Locate | Process by which a noncus-todial parent is found, for the purposeof establishing paternity and establish-ing and/or enforcing a child supportobligation.

Long Arm Jurisdiction | Legalprovision that permits one state toclaim personal jurisdiction oversomeone who lives in another state.

Lottery Intercept | Process bywhich a noncustodial parent’s lotteryprize winnings are sent to the Office of Child Support Enforcement to satisfypast-due support obligations.

MMedical Assistance (Medicaid)Only (MAO) | Form of public assis-tance that provides benefits to recipi-ents only in the form of medical, ratherthan financial, assistance.

Medical Support | Legal provisionfor medical coverage to be included ina child support order.

4 33

taken up at a later date in court. Forexample, there is no summons service.

Dismissal with Prejudice | Thefacts of a petition are found to haveno merit and the case is absolutelydismissed from court. For example:DNA proves that the respondent is not the biological father.

Disposable Income | Amount ofincome left over after taxes andMedicare and FICA and pension planpayment deductions are taken out.

DNA Test | Analysis of inheritedfactors to determine if a particular manis the child’s father; DNA samples aretaken from inside the cheek of thefather, mother, and child using aspecially designed swab. Docket Number | Number assignedby the court to identify the case.

EEBT (Electronic Benefit Transfer) |Method by which the New York StateOffice of Temporary & Disability Assis-tance (OTDA) delivers cash and foodstamp benefits to recipients. Benefitsare accessed using an ID card and PIN.

Emancipated | A child is not livingwith his/her parents and has a sourceof income, or is in the military, or ismarried.

Enforcement | Application ofremedies to obtain payment of a childor medical support obligationcontained in a child support order.Examples of remedies include seizureof assets, suspension of driver’slicense, denial of U.S. passport, etc.

Establishment | Process of provingpaternity and/or obtaining a court orderto put a child support obligation in place.

FFamily Court Support Services(FCSS) | Division of OCSE thathandles the intake of local non-cashassistance child support cases.

Family Support Act | Law passed in 1988 that mandates immediatewage withholding on child supportorders and requires states to useguidelines to decide the amount ofsupport for each family.

Federal Parent Locator Service(FPLS) | Computerized nationallocation network service that helpsstates locate noncustodial parents bymatching database information; FPLScan provide information helpful toestablishing custody, paternity, andchild support and for adoption andfoster care issues.

Financial Disclosure Affidavit |Document given to both parties in achild support case, requesting detailedfinancial, wage, and expenseinformation; used by the court todetermine child support, medicalsupport, childcare and other parts ofthe child support order.

Findings of Fact | Notes and calcu-lations used by the Support Magistrate inestablishing a child support order.

GGarnish | Legal proceeding underwhich part of a person’s wages and/orassets is withheld for payment of adebt like child support.

Good Cause | Legal reason forwhich a cash assistance applicant orrecipient is excused from cooperatingwith child support.

out a paternity petition through aninteractive computer program. Onceyou download and sign the petition,you can bring it, or mail it, to FamilyCourt. You will be given a hearing dateand instructions about what to donext. When paternity is established ata court hearing, an Order of Filiation isissued and filed with the DOHMH. Thebirth certificate will be amended to include the father’s name and changethe child’s last name, if that is requested.

PUTATIVE FATHER REGISTRYOnce paternity is established, thatinformation is forwarded to the NewYork State Putative Father Registry(PFR), which keeps a record of legalfathers for the State. The PFR may beconsulted in issues of inheritance,adoption or any other legal issuesthat 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 birthregistrar in the hospital where thebaby was born, or the OCSEOutreach and Paternity ServicesUnit at 929-221-5008. If you aregoing to court for a child supporthearing, the Support Magistrate mayorder a DNA test if it is necessary.

• You will be referred to a state-certi-fied laboratory for low-cost DNAtesting. A swab is used to take DNAsamples from inside the cheeks ofthe 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 youare under 18, the lab may requireyou to have one of your parentsaccompany you.

• Results will be sent to you by mailapproximately 2 weeks after the labreceives all of the samples.

• If you are already paying court-orderedchild support and want a DNA test,that request must be made in court.If a DNA test proves that you are notthe biological father, the order willnot be automatically terminated. Acourt hearing will be required and adecision will be made that is in thebest interests of the child.

Going to Court

Child support orders are legal documents that are established incourt. Either parent may file a petitionin Family Court for a child supporthearing. If the custodial parent and/orchild are applying for or receiving cashassistance, the Department of SocialServices (also known as the HumanResources Administration, HRA) willautomatically file a petition on behalfof the child. Custodial parents receiv-ing cash assistance are required to cooperate with child support in orderto get full benefits for their families.Custodial parents who do not complywith child support requirements mayhave their cash benefits reduced by 25%and lose Medicaid for themselves.Custodial parents may be excusedfrom cooperating if there is “good

32 5

cause,” which usually means there isfear of domestic violence.

For more information about child supporthearings, please see the online video athttp://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 asummons, either by mail or in person.It will include the date, time, and location of the hearing as wella Financial Disclosure Affidavit for youto fill out, and a list of documentsyou should bring to the hearing.

• For useful information on the courtprocess and guidance on how tocomplete the forms, see the website of Legal Information for Today:www.liftonline.org.

• OCSE’s Cash Assistance AgreementPilot (CAAP) enables cash assis-tance families in all five boroughsto establish paternity, child supportorders, and medical support ordersat OCSE’s Customer Service Walk-inCenter. Agreements are signed andforwarded to the Family Court forapproval, often without parentshaving to appear in court.

• You will not be asked about your im-migration status in court or at any othertime during the child support process.

• Bring as much information as youcan about your income and expenses.A Support Magistrate will listen totestimony from both parents, review the information presented and use

the New York State Child SupportGuidelines to calculate the amountof the child support order.

• Family Court is separate from CriminalCourt and information is not shared.

• It is not necessary to have a lawyerin Family Court but you may hire oneif you wish. If the custodial parentand/or child are receiving cashassistance, a lawyer will be there torepresent the Department of SocialServices. That’s because when cashassistance is involved, the petitionrequesting child support services isfiled by the Department of SocialServices, 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 bethere, contact the court and ask thatthe date be changed.

• If you do not provide sufficient finan-cial information or fail to show up, theSupport Magistrate can still order youto pay child support by issuing a de-fault order. Since a default order is notbased on your exact income, it may bemore than you can afford to pay.

• Once a default order is issued, youcan file a petition in court to have itlowered. Until then, the amount ofchild support you owe will increase if it is not paid and the order maybecome 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 noncustodialparent’s financial situation due toinjury, illness, or sudden loss ofemployment which affects their ability to pay their court-ordered childsupport; grounds for filing a downwardmodification in court.

Change of Payee | Allows forprivate child support payments to besent to OCSE for processing, recordkeeping, distribution, and enforcement.

Child Support Standards Act(CSSA) | Legislation passed in 1989to make child support orders fair andconsistent throughout New York Stateby 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 basedon changes in the Consumer PriceIndex for Urban Areas (CPI-U), whichkeeps track of day-to-day living expenseslike food, clothing, housing, etc.

Concurrent Jurisdiction | An orderwhich allows more than one court tomake decisions about and modify achild support order. This may happenwith New York State Supreme Courtand Family Court.

Consumer Credit Protection Act(CCPA) | Federal law that limits theamount that may be withheld fromearnings; it takes into consideration:net income after mandatory taxes aretaken out, the amount of arrearsowed, and whether an additionalfamily is being financially supported.

Court Order | Legally bindingdocument issued by a court of law. Acourt order related to child support willinclude how often, how much, howlong and what kind of support the

noncustodial parent must pay andwhether an employer must withholdsupport from their wages.

CPI-U (Consumer Price Index forUrban Areas) | Tracks the prices of items like food, clothing andhousing on an annual basis. Cost ofLiving Adjustments (COLA) are basedupon the yearly changes in the CPI-U.

Custodial Parent (CP) | Parent,relative, or guardian who lives withand is the primary caretaker of thechild or children.

Custody | Legal determination thatestablishes with whom the child shalllive: the mother, father, or other adult.

DDecree | Judicial decision of a court.

Default Order | Child support orderissued when the noncustodial parentfails to provide sufficient informationor fails to appear in court, and proof ofsummons service has been provided.

Delinquency | An amount of moneydue on a child support case but notpaid.

Dependent | A child who is underthe care of someone else. Mostchildren who are eligible for childsupport are dependents.

Direct Pay Order | Child supportorder is payable directly from thenoncustodial parent to the custodialparent.

Disbursement | The paying out ofcollected child support funds to custo-dial parents or to the Department ofSocial Services if the client is receivingcash assistance.Dismissal without Prejudice |Petition is dismissed now but may be

6 31

Glossary of ChildSupport Terms

AAbsent Parent | Person who isabsent from the home and is legallyresponsible for providing financialsupport for a dependent child (alsoreferred to as the noncustodialparent, nonresident parent, andrespondent in court case).

Accrual | Sum of child supportpayments that are overdue.

Acknowledgment of Paternity(AOP) | Form that establishes thepaternity (legal fatherhood) of a childthrough a voluntary process, withoutgoing to court. It must be completedand 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 inorder to satisfy the delinquency on anaccount.

Adjournment | Temporarypostponement of the hearing until aspecific date in the future.

Administrative Process | Methodby which support orders are enforcedby OCSE instead of by courts andjudges.

Affidavit | Written statement of factmade voluntarily under oath.

Allocated Child Support Order |Order that lists each party of the order(children, spouse) with a specificamount assigned for each dependent.

Amend | Change to a legal document.

Arrears | Amount of child supportthat is overdue and unpaid.

Assignment of Support Rights |Person agrees to turn over to the Stateany right to child support paymentsthat accrue while in receipt of cashassistance in exchange for cash assis-tance and other benefits.

BBasic Child Support Obligation |Amount of the child support orderbased on a fixed percentage ofparental income, before medicalsupport and expenses for child care,and/or educational expenses areadded on.

Bonus Payment | Cash assistancerecipients with child support ordersmay receive up to $100 per month($200 if there are two or more childrenreceiving child support) of the childsupport collected in the same monththat it is owed. (See also Pass-ThroughPayment.)

Burden of Proof | Duty of a party toproduce the greater weight evidenceon a point at issue.

CCash Assistance | Governmentbenefit providing financial support for very low-income individuals andfamilies, administered in New York Cityby HRA (Human Resources Administra-tion). Cash assistance is delivered toclients electronically by EBT (ElectronicBenefit Transfer).

Cash Undertaking | As the result ofa court hearing, a noncustodial parentmay be ordered to pay a cash depositto OCSE’s Support Collection Unit ofup to 3 years’ worth of child supportpayments. Payments can be taken outof this deposit if the noncustodialparent fails to pay support regularly.

30

Documents You Will NeedBring as much of the following infor-mation as you can: • Document showing your name and

social security number or ITIN (Individ-ual Taxpayer Identification Number)

• Completed Financial Disclosure Affidavit 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/benefits: − 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

benefits− Unemployment insurance benefits− Bank statements

• Proof of any other children or formerspouse being supported

• Proof of household expenses, unpaidbills, and loans

Presenting Yourself in CourtWhen you go to court, you want theSupport Magistrate to listen to whatyou have to say and make a fair decision. If you want to be takenseriously, you must be respectful of the court: • Arrive on time.• Wear appropriate clothing like a

shirt with a collar and sleeves, andlong pants.

• Be prepared with a list of importantthings you want to say.

• Speak when it is your turn; do notspeak directly to the custodial parent; be direct and to the pointsince time is limited.

How Much Child Support You Can Expect to Pay The New York State Child SupportStandards Act (CSSA) sets the basicchild support amount at a fixed percentage of the parents’ income. Using these percentages ensures thatchildren benefit from the samestandard of living they would have iftheir parents were living together. Thispercentage is used for all cases wherethe parents’ combined income doesnot exceed $143,000. For combined income above $143,000, the SupportMagistrate can choose whether or notto use the percentage guidelines, andmay consider other information insetting the full support amount.

HOW THE AMOUNT OF THEORDER IS CALCULATEDThe basic support amount is a percent-age of your gross income minus NYCtaxes, social security and Medicaredeductions, and any child or spousalsupport actually paid to another family.It also depends on how many childrenare involved. Income can be salaryfrom a job, worker’s compensation,disability payments, unemploymentbenefits, social security payments, andmany other forms of income. Cashassistance and SSI are not consideredincome.

8 29

Docket No: F-XXXXX-XX4-7

Name Social Security # Date of Birth Amountchildren:Child XX/XX/XXXX

Total Child Support: $XX.XX weekly

ORDERED 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,telephone number, driver’s license number; and name, address and telephone numbers of the parties’ employersand any change in health insurance benefits, including any termination of benefits, change in the health insurancebenefit carrier or premium, or extent and availability of existing or new benefits; and it is further

ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Lawand 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 PayableUnreimbursed Health Related/Custodial Parent XX % Via SCUChild 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 tothe New York State Case Registry of Child Support Orders established pursuant to Section 111-b(4-a) of theSocial Services Law; and it is further ORDERED that this is a $XX per week order of support from 10/8/04until it increased on1/28/05.

NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COSTOF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THANTWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPONTHE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPONAPPLICATION 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 THECOST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILINGTO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPONRECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THEPARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTINGTHE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT.

(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED ANDADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUTFURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OFADJUSTMENT 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 AMOUNTCONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUEUNDER 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 NOTTHE 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

cont’d

PART F

PART G

Notice to informAgency of anychange in your residence,employment,etc.

Expenses in addition to the basic child support amount:MedicalChild careEducation

Where to send payments until they come through your job

Cost of Living Adjustments(COLA)

Name and seal of Support Magistrate

Summary of court findings

For example, if you earn $35,000 ayear after the deductions allowed byCSSA, and have 1 child, the basic childsupport order amount will be approxi-mately $115 per week. For two childrenin the same family, the order wouldincrease to $168 per week.

In addition to the basic obligationamount, the child support order mustinclude medical support, which meanshealth care costs for the child like healthinsurance premiums, deductibles, andco-payments; medical support costsare divided between the two parents,according to their income. Eitherparent may be required to enroll thechild in a health insurance plan, if it isavailable through their jobs.

The insurance must be available at areasonable cost to the employee andthe medical services must be availablewhere the child lives. Reasonableeducation and day care expenses forthe child may also be included in thechild support order. These expenses areusually divided between the twoparents according to their income.

The effective date of any child supportorder is the date that the petition wasfiled, not the date that the order wasestablished in court. For example, if a petition was filed on October 1,

and a child support order for $115 perweek was established at a hearing onDecember 5, the noncustodial parentwould start out already owing morethan $1,000 in retroactive childsupport.

Child Support Order Amounts forLow-Income Noncustodial Parents It is very important to show up at thehearing and bring your financial infor-mation, so the Support Magistrate canestablish 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 supportorder may be established at $50 permonth. The SSR and the federalpoverty level change every year.

• If your yearly income is below thefederal poverty level for one person($11,880 for 2016), your child supportorder may be established at $25 permonth and the amount of arrearsyou owe will be limited to $500.

• If you have a low-paying job or nojob, the Support Magistrate mayrefer you to the Support ThroughEmployment Program (STEP). Youwill be referred to an organizationthat will help you get a job. Onceyou start making more money, theamount of your child support ordermay 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 ofyour child support order and how to start making payments. In most

28 9

F.C.A. §§ 413, 416, 433, 438, 4-7 11/2002439, 440,442-447, 471; Art.5-B,

At 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, on October 4, 2004

PRESENT: Family Court, Support MagistrateIn the Matter of a Support Proceeding File #: XXXXX

Docket #: F-XXXXX-XXCSMS #: 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 ANDOCCUPATIONAL 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 DAYSOF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDERWAS 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 NoncustodialParent is chargeable with the support of:Name Date of BirthChild’s Name XX/XX/XXXX

Noncustodial Parent having appeared before this Court to answer the petition, having been advised by theCourt of the right to counsel, and to show why an order of support and other relief prayed for in the petitionshould not be granted; and Noncustodial Parent having admitted the allegations of the petition; and the matterhaving 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 proofsand 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 obligationis 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 proofsand testimony offered in relation thereto, it is

ORDERED AND ADJUDGED that effective January 28, 2005, Noncustodial Parent is chargeable with thesupport of the following person(s) and is possessed of sufficient means and able to earn such means to providethe payment of the sum $XX.XX weekly to Custodial Parent by certified check or money order payable tothe Support Collection Unit, such payments to commence on January 28, 2005, for and toward the support ofNoncustodial Parent’s children, allocated as follows:

Sample of Child Support Order

PART A

Family Court Act laws thatgovern 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)

Court addressand thehearingdate

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 AssistanceNew York State Department of HealthPursuant to Section 4135-b of Public Health Law

Recorded District_________________________Hospital Code (PFI Number) _______________ Register Number _________________________

ACKNOWLEDGMENT OF PATERNITY(Please type or print clearly in blue or black ink.)

Check where signed: � Hospital � Child Support Office � Birth Registrar � Other

CHIL

D

FirstnameLastnameFacility of birth City of birth County of birth

MiddlenameSex �Male �Female Date of birth (MM/DD/YYYY)

/ /

If the child’s birth certificate was already filed and you wish to change the child’s last name, complete the following section:Last name onoriginal birth certificate Newlast name

We 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 suchforce 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 thewritten notice has been provided to us. We certify that the information we provide below is true.

FATH

ER

FirstnameStreet address (house/apt. number)

Middlename

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 ZipPlace 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)/ /

MOT

HER

Firstname

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 OnlyThe 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

/ / - -

/ /

/ / - -

Lastname

Middlename Lastname

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 thehearing. If that isn’t possible, theorder may be mailed to you or youmay go back to court at a later dateto request a copy.

• Read your child support order, makesure you understand it, and keep acopy. If you disagree with the childsupport order, you have 30 days fromthe date of the order to file a writtenobjection in court. A judge will reviewthe case record and decide if theorder is correct or should be changed.A sample of a child support order isprovided in the back of this booklet.

• After the order has been entered intothe child support computer system,you will receive a letter in the mailtelling you how much you have topay and how payments are to bemade. Read this letter carefully tomake sure that all of the informationis accurate. Contact OCSE with anycorrections.

• You can go to childsupport.ny.gov,login, and see the status of youraccount, including information aboutpayments.

Paying Your ChildSupport Order

How Payments Are MadeYou are responsible for paying yourchild support order. If you are working,a notice will be sent to your employerwith instructions for taking childsupport payments from your salary and sending the money to OCSE. Child support payments can also be

taken directly from other sources ofincome including pension, militaryallowance, social security, disability,and unemployment insurance. Childsupport payments cannot be takenfrom cash assistance or SSI benefits. If your child support order includesmedical support, a notice will be sentto your employer to deduct the cost ofthe health insurance benefits for yourchild from your paycheck.

• It may a take a few weeks from thetime that the child support order isestablished until payments are de-ducted from your paycheck. Untilthen, you will be expected to makepayments directly to OCSE. If you areself-employed you will be expectedto make payments directly to OCSEon a regular basis. Send your pay-ments by certified check or moneyorder to the New York State ChildSupport Processing Unit, P.O. Box15363, Albany, NY 12212-5363. In-clude your account number on yourcheck. You may also make paymentselectronically. Refer to the New YorkState website (childsupport.ny.gov)for details. Credit card payments canalso be made at the OCSE CustomerService Walk-In Center (151 WestBroadway, 4th floor, in Manhattan).

• It is important that payments aremade on time. If payments fallbehind and your payments comedirectly from your job or other sourceof income, your regular deductionsmay be increased by an additional50% until your account is paid up to date, and you may be subject toother enforcement measures.

10 27

Acknowledgment of Paternity

For example, if your child supportorder is $115 per week and you oweback child support, you will be chargedan additional amount of $57.50 (50%of $115) for a total of $172.50 per weekuntil your account is paid up to date.

Hardship Review• If your payments are temporarily

increased by an additional 50%above your regular order, New YorkState ensures that paying thisadditional amount does not create a hardship by leaving your incomebelow the annual self-supportreserve, which is $16,038 for 2016.For example, if your child supportorder is $300 per month, the addamount will be $150, for a total of$450 per month. If that extra $150reduces your annual income belowthe self-support reserve, you shouldvisit the OCSE Customer ServiceWalk-in Center and request aHardship Review.

• Some, or all, of the additional $150amount may be removed if you canprove a hardship, but the childsupport order will not change. In some cases the Customer Serviceworker may be able to permanentlylower your child support order and/orarrears (see section called DebtReduction Programs for Low-Income

Noncustodial Parents). Otherwise,you must go back to the FamilyCourt where the order was estab-lished and file a petition for adownward modification.

Responsibility of Your EmployerYour employer is required by law totake out court-ordered payments forchild support and medical supportfrom your salary. Payroll deductions forchild support and medical support arethe same for everyone and employersare aware of this process. Your employ-er cannot fire you, charge you a fee, or discriminate against you in any waybecause of child support deductions. If your employer has questions, assis-tance is available by calling the NewYork State Child Support Helpline at888-208-4485, and, after selecting thelanguage, choosing option 2 (Employ-ers and Income Providers).

The Federal Consumer Credit Protec-tion Act (FCCPA) limits the amountthat your employer can take from yourpaycheck. The maximum amount thatcan be taken is a percentage of yourdisposable income (amount left afterfederal, State, local taxes, social secu-rity and Medicare deductions are takenout). The percentage depends on howmuch you owe and the number ofchild 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 Office of Child Support Enforcement (OCSE)Customer Service Walk-In Center151 West Broadway, 4th floor New York, NY 10013

Monday – Friday, 8 am – 7 pmBRING A PHOTO ID

WEBSITES

New York City Office of Child SupportEnforcement (OCSE)NYC.gov/hra/ocse

Information about events and programs for fathers NYC.gov/NYCDADS

View child support videosyoutube.com/hranyc

New York City Office of FinancialEmpowerment, free financial 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 Unified Court Systemcourts.state.ny.us

WRITE

New York City Office of Child Support EnforcementP.O. Box 830Canal Street StationNew York, NY 10013

SEND PAYMENTS

New York State Child Support Processing CenterP.O. Box 15363Albany, NY 12212-5363

*To get updated account information,you will need your social securitynumber and PIN (Personal Identifica-tion Number). NCPs who need a PINor do not remember their PIN mayrequest one by phone or mail. Call 1-888-208-4485 and speak to a representative or mail a signed,written request including your fullname, address, social securitynumber, and child support accountnumber to: Attention: PIN NYS Child Support Processing CenterP.O. Box 15365Albany, NY 12212-5365

12 25

50% - support a 2nd family; no arrears or less than 12 weeks in arrears55% - support a 2nd family; more than 12 weeks in arrears60% - single family; no arrears or less than 12 weeks in arrears65% - 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 toeither the custodial parent or theDepartment of Social Services, if youwere not up to date on your paymentsand owe arrears. The order willcontinue until the child support debt is paid off.

Information & Resources for Noncustodial Parents

NYCDADSNew York City has implemented acitywide fatherhood initiative dedicat-ed to strengthening families by helpingfathers become more active in the livesof their children. Participating agenciesprovide parenting workshops, adulteducation and job training, amongother services. For more informationabout services and activities for fathersand their children visit the website:nyc.gov/NYCDADS

Family Court LocationsIf you want to establish paternity or achild support order, go to the FamilyCourt located in the borough whereyou live to file a petition. If you alreadyhave a child support order and aregoing to court to request a modifica-tion, return to the court where you hadyour hearing unless there has been achange and you are told to go to adifferent location.

BRONX

Bronx County Family Court900 Sheridan Avenue, LM floorBronx, NY 10451

718-590-3924/3432

BROOKLYN

Kings County Family Court330 Jay Street, 12th floorBrooklyn, NY 11201

718-246-7962/68

MANHATTAN

New York County Family Court60 Lafayette Street, 1st floorNew York, NY 10013

212-385-8218/19

QUEENS

Queens County Family Court151-20 Jamaica Avenue, 4th floorQueens, NY 11432

718-725-3148/49

STATEN ISLAND

Richmond County Family Court100 Richmond Terrace, basementStaten Island, NY 10301

718-720-2906

Child Support Information/ Case AssistanceIf you have questions about the childsupport program, need assistance withyour child support case, or need to pro-vide additional information to OCSE likea new employer or change of address:

Help Getting a Job If you can’t afford to pay child supportbecause you are unemployed or have ajob that doesn’t pay enough, there areprograms that can help:• Support Through Employment

Program (STEP) is a court basedprogram. To participate in STEP, theSupport Magistrate must give you a referral at the time of your childsupport hearing. Before leavingCourt, you will meet with an OCSEworker who will assign you to acommunity-based organization thatwill help you get a job. Your participa-tion and progress in STEP will bereported back to the court and willeffect decisions the Support Magis-trate makes about your child supportorder.

• TXT-2-Work is a voluntary job searchaid that sends up-to-date job postinginformation and job search andresume writing tips to low-income

New Yorkers who subscribe to theservice, mainly recipients of publicassistance. The speed of electronicdelivery means that TXT-2-Worksubscribers can read about and applyfor a job within 24 hours of theopportunity opening. Sign up bytexting the word JOBS to 877877 or filling in the online form athttp://home.nyc.gov/html/hra/businesslink/html/contact/text_2_Work.shtml.

• Workforce1 is a service provided by the NYC Department of SmallBusiness Services; it prepares andconnects qualified candidates to jobs.Services are delivered through a network of Workforce1 CareerCenters located throughout the City’sfive boroughs and are available forNew Yorkers age 18 and older. Formore information and Workforce1locations visit their websitewww.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 aboutlowering the child support payroll deduction because the amount being taken outis over the FCCPA limit. At the same time, the noncustodial parent should goback to the Family Court where the child support order was established and file apetition for a downward modification. That’s because even if the employer takesout less from the paycheck, the child support order amount will not change. Anychange to the order must be made in the Family Court where it was established.

Filing for Bankruptcy Filing for bankruptcy does not wipeout the obligation to pay current andpast due child support. Child supportdebt has priority over all other credi-tors. If you already have a childsupport order, payroll deductions willcontinue and most enforcementactions can still take place, if applica-ble. If you do not have a child supportorder, one can still be established,regardless of your bankruptcy status.

You Move or Change JobsYou are required by law to informOCSE if you move so that we can stayin contact with you about your case. If you change jobs, let us know so wecan notify your new employer to starttaking child support payments out ofyour paycheck. Any break in paymentswill result in unpaid child support andcan make you eligible for strongenforcement measures.

Giving Money or Gifts to the Custodial Parent•Once you have a child support order

payable to OCSE, you cannot givepayments directly to the custodialparent. Payments given to the custo-dial parent will not be credited toyour child support account and youmay owe child support debt.

•Custodial parents who are receiv-ing cash assistance benefits areconsidered to have committedwelfare fraud if they accept directchild support payments and do notreport those payments to HRA.

• Clothing, diapers, and other thingsyou give to the custodial parent forthe child are considered gifts. Theydo not count as payment for childsupport.

Where the Payments Go

• If the custodial parent and/or childare receiving cash assistance, thefamily is entitled to keep up to thefirst $100 ($200 for 2 or morechildren) of current child supportcollected each month. This is called apass-through or bonus payment andis in addition to cash benefits. Thepass-through payment cannot bemore than we collect and cannot bemore than the amount of the order.Anything collected above the bonuspayment is used to pay back theDepartment of Social Services (DSS)for benefits received.

• When the family goes off cash assis-tance, the child support order contin-ues unless the custodial parentrequests to have it closed. All of themoney collected for current supportgoes directly to the custodial parent.In some cases, OCSE will still keeppast due support owed from the timewhen the family was getting cashassistance.

• If the custodial parent has neverreceived cash assistance, all paymentsare forwarded to him or her.

• Child support payments may be usedfor any expense related to the child’s

14

of payments) toward future childsupport. Payments can be taken out of this deposit if the noncustodialparent fails to pay support regularly.Also called Cash Bond or CashUndertaking.

• ARREST/INCARCERATION: The courtmay issue an arrest warrant if thenoncustodial parent fails to appear in court for a violation hearing orfalls seriously behind in child supportpayments. In certain cases of willfulnon-payment of child support, thenoncustodial parent may go to jailfor up to six months. Willful non-payment means that the noncustodi-al parent can afford to pay childsupport but chooses not to, or inten-tionally avoids employment, or trans-fers money in order to avoid paying.

• SUSPENSION OF STATE-ISSUEDPROFESSIONAL, BUSINESS, ANDOCCUPATIONAL LICENSES: FamilyCourt may recommend to the appro-priate licensing board that noncusto-dial parents who owe an amount ofchild support equal to or more thanfour months of current support havetheir state-issued licenses suspend-ed. Examples of occupations thatmust be registered or licensed byNew York State include securityguards, 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, theSupport Magistrate may order him orher participate in STEP (Support Through

Employment Program), a work referralprogram that helps noncustodial par-ents get jobs so that they can paychild support.

REFERRAL FOR CRIMINAL PROSECUTIONOCSE can request criminal prosecutionof an NCP by the United States Attor-ney’s Office or the local District Attor-ney’s Office when willful non-paymentof child support has been established,significant arrears are owed, and otherenforcement actions have failed.

Terminating the Child SupportOrder

In New York State, you will have to pay child support until the child reaches age 21, unless the courtorders something different. Orders canbe extended past age 21 for educationor medical reasons. Orders may beterminated by Family Court soonerunder certain circumstances.

AN ORDER MAY BE TERMINATEDBEFORE THE CHILD REACHES AGE 21IF ANY OF THE FOLLOWING HAPPENS:• CHILD BECOMES EMANCIPATED

The child moves out and becomesself-supporting, gets married, orjoins the military.

• YOU GET CUSTODY OF THE CHILDIn that case, the other parent may beordered to pay child support to you.

• YOU MOVE IN and form one house-hold with the custodial parent andchild.

well-being. In addition to things likeschool, clothing, and medical anddental expenses, child supportpayments may be used by the custo-dial parent for household expenseslike rent and food – anything thatcontributes to the child’s quality oflife. Remember, the cost of raising achild is very high. For single-parentfamilies making under $56,870before taxes, the estimated cost forraising a newborn to two-year-oldchild is $7,330 per year.

Custody & Visitation

Custody and visitation are notdiscussed at the child support hearingand are not included in the childsupport order. But they are emotionalissues for parents. Even if you are notseeing your child, you are still legallyresponsible for paying court-orderedchild support. If the custodial parentwon’t let you see your child, or youcannot agree on other parentingissues, consider mediation. Mediationcan help you resolve your differencesand help you improve your relationshipwith the other parent.

Either parent may file a petition inFamily Court for a custody/visitationhearing to establish custody of thechild or enforce visitation rights. These issues will be discussed at adifferent hearing, separate from thechild support case. At the hearing, thejudge/referee may refer the parents for

mediation. It is an opportunity for bothparents to work out an agreement thatcan become a court order. If an agree-ment cannot be reached, the parentsmust return to court and thejudge/referee will make the necessarydecisions.

Mediation services are also availablewithout going to court. Parents maycontact the following organizations directly for free or low-cost mediationservices:

• 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 fundedprogram offering a free and confi-dential telephone helpline to moth-ers and fathers living apart.

Noncustodial Parent Earned Income Tax Credit

You may be eligible for a New YorkState Noncustodial Parent EarnedIncome Tax Credit if you meet all of the conditions listed below. To get thiscredit, you must file a New York Statetax return and include tax form IT-209.

• Be a NY State resident for the entireyear

• Be at least 18 years old

22 15

• Have a social security number that isvalid for work (Individual TaxpayerIdentification Number [ITIN} cannotbe used)

• Have a minor child who does not livewith you

• Have a child support order that ispayable to the New York State OCSESupport Collection Unit

• Be up to date on payments for theentire tax year

• Do not have more than $3,400 ininvestment income (savings, stocks,bonds, etc.)

• Have a maximum yearly grossincome of $39,131 (tax year 2015).This figure changes every year; referto nyc.gov for the annual grossincome value.

Changing Your Child Support Order & Debt Owed

Requesting a Modification in CourtYour child support order is based oninformation available at the time of the hearing. Either parent may file apetition in Family Court to modify(change) the amount of the childsupport order if there is a substantialchange in circumstances or the needsof the child are not being met. If yourincome changes (no longer doingovertime, lose your job and go onunemployment, receiving disability,etc.) and you can no longer afford topay the child support order, you should

immediately go back to the courtwhere you had your last child supporthearing and file a petition for adownward modification. You may alsogo online to NYS DIY (Do-It-Yourself)Forms at www.nycourthelp.gov and fillout a support modification petition.Once you download the completedpetition and sign it, you can bring it, or mail it, to Family Court. You will begiven a hearing date and instructionsabout what to do next. The custodialparent will need to be notified toappear in court. OCSE can help youserve the summons.

For child support orders established onor after October 12, 2010, there areadditional reasons for modification.You can request a modification if anyof the following apply to your case:

• Three years have passed since theorder was entered, last modified,or adjusted.

• There has been a change in eitherparent’s gross income by 15% ormore since the order was entered,last modified, or adjusted. Anydecrease in income must be involun-tary and the parent claiming decreasedincome must have tried to find workthat would be appropriate to his orher education, ability and experience.

• Incarcerated individuals may file amodification petition due to asubstantial change in circumstances as long as their incarceration is notdue to non-payment of child supportor an offense against the custodialparent or child.

Reporting Agencies (CRAs) when they owe at least $1,000 in childsupport or are two months behind in payments, whichever happens first.This referral will create a negativeentry on the parent’s credit report,making it difficult, or more costly, toget a credit card, mortgage or othertype of loan.

REFERRAL TO THE NEW YORKSTATE DIVISION OF TAXATIONAND FINANCECases are referred to the NY StateDepartment of Taxation and Financefor identification and seizure of assetsif the amount owed is more than fourmonths of the current child supportorder, is at least $500, and no childsupport payments have been receivedin the last 45 days from payrolldeductions. If you are receiving SSI orcash assistance, you will be exemptfrom this process.

DENIAL OF NEW AND RENEWEDPASSPORTSNoncustodial parents are notified inadvance that their child support debt is being reported to the State Depart-ment (a federal agency). The StateDepartment will deny an application fora new or renewed passport if at least$2,500 is owed in child support. Thepassport will not be issued until the childsupport debt is resolved with OCSE.

DENIAL OR GRANTING OF TEMPORARY NYC PROFESSIONALLICENSESApplications for new and renewedNew York City professional licenses will

be denied, or a temporary six-monthlicense will be granted, if the applicantowes back child support equal to atleast four months of current childsupport. Examples of New York Citylicensing agencies include the Depart-ment of Consumer Affairs, the Taxi andLimousine Commission, and the FireDepartment, among others. Applicantsmay pay what they owe or enter intoan agreement with OCSE in order tohave their license applicationsapproved. If you are having problemsgetting a NYC professional licensebecause of an outstanding childsupport debt, visit OCSE's CustomerService Walk-in Center at 151 WestBroadway between 8 am and 7 pm,Monday to Friday, for assistance.

Judicial Enforcement Actions

VIOLATION PETITIONWhen administrative enforcementmethods do not result in child supportcollections, a violation petition may befiled by the custodial parent or OCSE(for families receiving cash assistance)in Family Court. A violation hearingmay result any of the following:• MONEY JUDGMENT: Child support

arrears are fixed, by the court, at aspecific amount that accumulates 9%interest annually until it is paid off.

• LIEN:A lien may be placed on thenoncustodial parent’s property requiringthat the child support debt be paidbefore the property can be sold ortransferred.

• CASH DEPOSIT: The noncustodialparent may be required to depositmoney (up to three years’ worth

16 21

when they go to claim their prize ifany or all of it is being taken for childsupport arrears. An official letter willfollow in the mail.

PROPERTY EXECUTION (PEX)Your bank accounts (savings, checking,money market, Certificate of Deposit,IRAs) and other financial assets maybe frozen and seized to pay OCSE ifyou owe at least two months currentchild support and have arrears of atleast $300. • If you are paying current child

support through salary deductions,your bank account will be frozen ifthe balance is $3,000 or more.

• If you are not paying current childsupport payments through salarydeductions, your bank account willbe 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 byOCSE.

• In the case of a joint bankaccount, some banks will release allof the funds requested by OCSE.Other banks may require a writtenstatement signed by both parties torelease half of the account balancefor child support arrears.

DRIVER’S LICENSE SUSPENSIONDriver’s licenses are suspended if theamount owed in child support is equalto or greater than four months of thecurrent child support order amountand payments are not coming in by

payroll deductions. Noncustodialparents receiving SSI or cash assis-tance are exempt from having theirdriver’s license suspended. If youreceive a letter that your license isgoing to be suspended, you mayprevent 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 ($16,038for 2016).

• Provide employment information soyour employer can take paymentsdirectly from your salary.

• Enter into a payment agreement with OCSE to pay the court orderedamount plus an additional 50% to-wards arrears. Arrears included indriver’s license payment agreementsaccrue interest at 9% a year becausethey are considered money judgments,which are registered in court.

• In certain situations, which will belisted on the notice you receive, youmay be able to file a challenge to thedriver’s license suspension. If thechallenge is denied by OCSE, anobjection to the denial may be filedin Family Court. A judge will decide if the suspension should remain or be removed.

• If suspension takes place, a restricteddriver’s license may be requestedfrom the Department of Motor Vehicles to allow you to drive to andfrom your job.

CREDIT BUREAU REPORTINGNames of noncustodial parents are submitted to major Consumer

When the Oldest Child Turns 21 If there is more than one child listedon the same child support order, theobligation amount may be allocated.This means that a specific amount is as-signed to each dependent child.When the oldest child turns 21, OCSEwill automatically reduce the child sup-port order by the amount allocated forthat child. If the order is not allocated,the noncustodial parent must file a pe-tition in court for a downward modifi-cation when the oldest child turns 21.If your order was established outsideof New York State, the emancipationdate may not be 21.

What Happens at the Modification HearingOnce you file a modification petition in Family Court, a hearing will bescheduled where you will have anopportunity to present your currentincome and expenses. The SupportMagistrate will review the informationin accordance with the New York StateChild Support Standards Act guidelinesand decide if the order should bechanged. Any change to the amount ofthe order will only go back to the datethe petition was filed in court, not thedate that the circumstances actuallychanged.

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 inthe Consumer Price Index for UrbanAreas (CPI-U), which tracks the

prices of items like food, clothing,housing, transportation, fuel andmedical expenses.

• COLA may be added to a childsupport order when the yearlyincreases in the CPI-U add up to atleast 10% from the date the orderwas established or last modified. It takes approximately 4 years toreach the required 10% increase inthe CPI-U.

• You will be notified before a COLA is added to your order and have anopportunity to object to it. If you ob-ject to the COLA, a modificationhearing will be scheduled in FamilyCourt to review the amount of yourorder. The Support Magistrate willdecide if the order should be changed,or remain the same, based on theNew York State Child Support Stan-dards Act guidelines.

Debt Reduction Programs for Low-Income Noncustodial Parents (NCPs)OCSE has programs that can reducechild support orders and/or debt(arrears) owed to the Department ofSocial Services (DSS). An order may beowed to DSS when the custodialparent and child are current or pastrecipients of cash assistance.

MODIFY DSS ORDER (MDO) helpslow-income NCPs who have childsupport orders that are not based ontheir current income. If your financialsituation has changed since the orderwas established, or you did notpresent your financial information

20 17

in court, MDO can lower your orderwithout 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 for2016) or

• Receiving cash assistance, SSI, orMedicaid

ARREARS CAP can lower the accumu-lated child support debt you owe tothe government (DSS) down to $500,without going to Family Court.

TO QUALIFY:• Must owe arrears to DSS; not

required to have current or activechild support order.

• Arrears must have built up whileincome was below the federalpoverty level (see chart at right). If you do not have proof of pastincome (tax returns, pay stubs),request a wage statement from theSocial Security Administration.

ARREARS CREDIT PROGRAM (ACP)can reduce the amount of arrears owedto DSS by $5,000 a year for up to threeyears, without going to court. However,arrears (debt) must be owed to DSS.ACP is available to NCPs who havecurrent child support orders andNCPs who only owe arrears. Currentorders 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 childsupport for an entire year.

• Qualified NCPs will receive a creditof $5,000 per year, for up to threeyears, toward child support arrearsowed to DSS.

To find out if you qualify for one or more of these debt reductionprograms, visit:OCSE Customer Service Walk-in Center151 West Broadway, 4th floorNew York, NY 10013Monday – Friday, 8 am – 7 pm

Falling Behind on Payments

OCSE keeps track of how much childsupport is collected and how much isowed. It is our job to see that pay-ments are received regularly and ontime. If you fall behind with your childsupport payments, there are a num-ber of enforcement actions that maytake place. Before any enforcementaction can take place, you will receivea notice in the mail explaining howto prevent the action from happeningand how to file a challenge or mistakeof fact. If you are receiving cash assis-tance or SSI, you will be exempt fromcertain enforcement actions.

A case may be eligible for multiple enforcement actions at the sametime. OCSE has the authority to en-force child support orders through administrative/automated processes,without going back to court. If thesemethods do not work, the case maybe referred to Family Court for judicialenforcement actions.

Administrative/Automated Enforcement Actions

ADD AMOUNTYour child support payments may betemporarily increased by 50% abovethe regular order amount, any timepayments fall behind. On a new order,this may happen immediately becausechild support is owed back to the datethat the petition was filed in court, notthe date of the hearing.

TAX REFUND OFFSETIf you are expecting a federal or stateincome tax refund, it may be sent toOCSE instead to pay off past due childsupport. • 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 parentand child receive cash assistance).

• The tax offset list is made up the yearbefore the refund is taken. If you nolonger owe the money by the timethe tax refund is taken, a refund willbe issued to you once OCSE receivesthe money from the IRS or New YorkState Department of Taxation andFinance. That can take six to eightweeks from the time that you arenotified that your tax refund is beingsent to OCSE.

• If a joint tax return has been filed, thespouse with no financial responsibilityfor the child may file an Injured Spouseform with the IRS and/or the NY StateDepartment of Taxation and Financeto request his/her portion of the refund.OCSE will hold the IRS refund for 6months to give the injured spouse achance to file a claim for a portion ofthe tax refund. After 6 months, all ofthe refund will be credited to thenoncustodial parent’s account.

LOTTERY PRIZE INTERCEPTIf you win $600 or more in the NewYork State lottery and owe at least$50 in back child support, the prizemoney may be paid to OCSE. Parentsowing child support will be informed

18 19

19971998199920002001200220032004200520052007200820092010201120122013201420152016

$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

YEARFEDERAL

POVERTY LEVEL

POVERTY LEVEL FOR ARREARS CAP

in court, MDO can lower your orderwithout 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 for2016) or

• Receiving cash assistance, SSI, orMedicaid

ARREARS CAP can lower the accumu-lated child support debt you owe tothe government (DSS) down to $500,without going to Family Court.

TO QUALIFY:• Must owe arrears to DSS; not

required to have current or activechild support order.

• Arrears must have built up whileincome was below the federalpoverty level (see chart at right). If you do not have proof of pastincome (tax returns, pay stubs),request a wage statement from theSocial Security Administration.

ARREARS CREDIT PROGRAM (ACP)can reduce the amount of arrears owedto DSS by $5,000 a year for up to threeyears, without going to court. However,arrears (debt) must be owed to DSS.ACP is available to NCPs who havecurrent child support orders andNCPs who only owe arrears. Currentorders 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 childsupport for an entire year.

• Qualified NCPs will receive a creditof $5,000 per year, for up to threeyears, toward child support arrearsowed to DSS.

To find out if you qualify for one or more of these debt reductionprograms, visit:OCSE Customer Service Walk-in Center151 West Broadway, 4th floorNew York, NY 10013Monday – Friday, 8 am – 7 pm

Falling Behind on Payments

OCSE keeps track of how much childsupport is collected and how much isowed. It is our job to see that pay-ments are received regularly and ontime. If you fall behind with your childsupport payments, there are a num-ber of enforcement actions that maytake place. Before any enforcementaction can take place, you will receivea notice in the mail explaining howto prevent the action from happeningand how to file a challenge or mistakeof fact. If you are receiving cash assis-tance or SSI, you will be exempt fromcertain enforcement actions.

A case may be eligible for multiple enforcement actions at the sametime. OCSE has the authority to en-force child support orders through administrative/automated processes,without going back to court. If thesemethods do not work, the case maybe referred to Family Court for judicialenforcement actions.

Administrative/Automated Enforcement Actions

ADD AMOUNTYour child support payments may betemporarily increased by 50% abovethe regular order amount, any timepayments fall behind. On a new order,this may happen immediately becausechild support is owed back to the datethat the petition was filed in court, notthe date of the hearing.

TAX REFUND OFFSETIf you are expecting a federal or stateincome tax refund, it may be sent toOCSE instead to pay off past due childsupport. • 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 parentand child receive cash assistance).

• The tax offset list is made up the yearbefore the refund is taken. If you nolonger owe the money by the timethe tax refund is taken, a refund willbe issued to you once OCSE receivesthe money from the IRS or New YorkState Department of Taxation andFinance. That can take six to eightweeks from the time that you arenotified that your tax refund is beingsent to OCSE.

• If a joint tax return has been filed, thespouse with no financial responsibilityfor the child may file an Injured Spouseform with the IRS and/or the NY StateDepartment of Taxation and Financeto request his/her portion of the refund.OCSE will hold the IRS refund for 6months to give the injured spouse achance to file a claim for a portion ofthe tax refund. After 6 months, all ofthe refund will be credited to thenoncustodial parent’s account.

LOTTERY PRIZE INTERCEPTIf you win $600 or more in the NewYork State lottery and owe at least$50 in back child support, the prizemoney may be paid to OCSE. Parentsowing child support will be informed

18 19

19971998199920002001200220032004200520052007200820092010201120122013201420152016

$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

YEARFEDERAL

POVERTY LEVEL

POVERTY LEVEL FOR ARREARS CAP

when they go to claim their prize ifany or all of it is being taken for childsupport arrears. An official letter willfollow in the mail.

PROPERTY EXECUTION (PEX)Your bank accounts (savings, checking,money market, Certificate of Deposit,IRAs) and other financial assets maybe frozen and seized to pay OCSE ifyou owe at least two months currentchild support and have arrears of atleast $300. • If you are paying current child

support through salary deductions,your bank account will be frozen ifthe balance is $3,000 or more.

• If you are not paying current childsupport payments through salarydeductions, your bank account willbe 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 byOCSE.

• In the case of a joint bankaccount, some banks will release allof the funds requested by OCSE.Other banks may require a writtenstatement signed by both parties torelease half of the account balancefor child support arrears.

DRIVER’S LICENSE SUSPENSIONDriver’s licenses are suspended if theamount owed in child support is equalto or greater than four months of thecurrent child support order amountand payments are not coming in by

payroll deductions. Noncustodialparents receiving SSI or cash assis-tance are exempt from having theirdriver’s license suspended. If youreceive a letter that your license isgoing to be suspended, you mayprevent 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 ($16,038for 2016).

• Provide employment information soyour employer can take paymentsdirectly from your salary.

• Enter into a payment agreement with OCSE to pay the court orderedamount plus an additional 50% to-wards arrears. Arrears included indriver’s license payment agreementsaccrue interest at 9% a year becausethey are considered money judgments,which are registered in court.

• In certain situations, which will belisted on the notice you receive, youmay be able to file a challenge to thedriver’s license suspension. If thechallenge is denied by OCSE, anobjection to the denial may be filedin Family Court. A judge will decide if the suspension should remain or be removed.

• If suspension takes place, a restricteddriver’s license may be requestedfrom the Department of Motor Vehicles to allow you to drive to andfrom your job.

CREDIT BUREAU REPORTINGNames of noncustodial parents are submitted to major Consumer

When the Oldest Child Turns 21 If there is more than one child listedon the same child support order, theobligation amount may be allocated.This means that a specific amount is as-signed to each dependent child.When the oldest child turns 21, OCSEwill automatically reduce the child sup-port order by the amount allocated forthat child. If the order is not allocated,the noncustodial parent must file a pe-tition in court for a downward modifi-cation when the oldest child turns 21.If your order was established outsideof New York State, the emancipationdate may not be 21.

What Happens at the Modification HearingOnce you file a modification petition in Family Court, a hearing will bescheduled where you will have anopportunity to present your currentincome and expenses. The SupportMagistrate will review the informationin accordance with the New York StateChild Support Standards Act guidelinesand decide if the order should bechanged. Any change to the amount ofthe order will only go back to the datethe petition was filed in court, not thedate that the circumstances actuallychanged.

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 inthe Consumer Price Index for UrbanAreas (CPI-U), which tracks the

prices of items like food, clothing,housing, transportation, fuel andmedical expenses.

• COLA may be added to a childsupport order when the yearlyincreases in the CPI-U add up to atleast 10% from the date the orderwas established or last modified. It takes approximately 4 years toreach the required 10% increase inthe CPI-U.

• You will be notified before a COLA is added to your order and have anopportunity to object to it. If you ob-ject to the COLA, a modificationhearing will be scheduled in FamilyCourt to review the amount of yourorder. The Support Magistrate willdecide if the order should be changed,or remain the same, based on theNew York State Child Support Stan-dards Act guidelines.

Debt Reduction Programs for Low-Income Noncustodial Parents (NCPs)OCSE has programs that can reducechild support orders and/or debt(arrears) owed to the Department ofSocial Services (DSS). An order may beowed to DSS when the custodialparent and child are current or pastrecipients of cash assistance.

MODIFY DSS ORDER (MDO) helpslow-income NCPs who have childsupport orders that are not based ontheir current income. If your financialsituation has changed since the orderwas established, or you did notpresent your financial information

20 17

• Have a social security number that isvalid for work (Individual TaxpayerIdentification Number [ITIN} cannotbe used)

• Have a minor child who does not livewith you

• Have a child support order that ispayable to the New York State OCSESupport Collection Unit

• Be up to date on payments for theentire tax year

• Do not have more than $3,400 ininvestment income (savings, stocks,bonds, etc.)

• Have a maximum yearly grossincome of $39,131 (tax year 2015).This figure changes every year; referto nyc.gov for the annual grossincome value.

Changing Your Child Support Order & Debt Owed

Requesting a Modification in CourtYour child support order is based oninformation available at the time of the hearing. Either parent may file apetition in Family Court to modify(change) the amount of the childsupport order if there is a substantialchange in circumstances or the needsof the child are not being met. If yourincome changes (no longer doingovertime, lose your job and go onunemployment, receiving disability,etc.) and you can no longer afford topay the child support order, you should

immediately go back to the courtwhere you had your last child supporthearing and file a petition for adownward modification. You may alsogo online to NYS DIY (Do-It-Yourself)Forms at www.nycourthelp.gov and fillout a support modification petition.Once you download the completedpetition and sign it, you can bring it, or mail it, to Family Court. You will begiven a hearing date and instructionsabout what to do next. The custodialparent will need to be notified toappear in court. OCSE can help youserve the summons.

For child support orders established onor after October 12, 2010, there areadditional reasons for modification.You can request a modification if anyof the following apply to your case:

• Three years have passed since theorder was entered, last modified,or adjusted.

• There has been a change in eitherparent’s gross income by 15% ormore since the order was entered,last modified, or adjusted. Anydecrease in income must be involun-tary and the parent claiming decreasedincome must have tried to find workthat would be appropriate to his orher education, ability and experience.

• Incarcerated individuals may file amodification petition due to asubstantial change in circumstances as long as their incarceration is notdue to non-payment of child supportor an offense against the custodialparent or child.

Reporting Agencies (CRAs) when they owe at least $1,000 in childsupport or are two months behind in payments, whichever happens first.This referral will create a negativeentry on the parent’s credit report,making it difficult, or more costly, toget a credit card, mortgage or othertype of loan.

REFERRAL TO THE NEW YORKSTATE DIVISION OF TAXATIONAND FINANCECases are referred to the NY StateDepartment of Taxation and Financefor identification and seizure of assetsif the amount owed is more than fourmonths of the current child supportorder, is at least $500, and no childsupport payments have been receivedin the last 45 days from payrolldeductions. If you are receiving SSI orcash assistance, you will be exemptfrom this process.

DENIAL OF NEW AND RENEWEDPASSPORTSNoncustodial parents are notified inadvance that their child support debt is being reported to the State Depart-ment (a federal agency). The StateDepartment will deny an application fora new or renewed passport if at least$2,500 is owed in child support. Thepassport will not be issued until the childsupport debt is resolved with OCSE.

DENIAL OR GRANTING OF TEMPORARY NYC PROFESSIONALLICENSESApplications for new and renewedNew York City professional licenses will

be denied, or a temporary six-monthlicense will be granted, if the applicantowes back child support equal to atleast four months of current childsupport. Examples of New York Citylicensing agencies include the Depart-ment of Consumer Affairs, the Taxi andLimousine Commission, and the FireDepartment, among others. Applicantsmay pay what they owe or enter intoan agreement with OCSE in order tohave their license applicationsapproved. If you are having problemsgetting a NYC professional licensebecause of an outstanding childsupport debt, visit OCSE's CustomerService Walk-in Center at 151 WestBroadway between 8 am and 7 pm,Monday to Friday, for assistance.

Judicial Enforcement Actions

VIOLATION PETITIONWhen administrative enforcementmethods do not result in child supportcollections, a violation petition may befiled by the custodial parent or OCSE(for families receiving cash assistance)in Family Court. A violation hearingmay result any of the following:• MONEY JUDGMENT: Child support

arrears are fixed, by the court, at aspecific amount that accumulates 9%interest annually until it is paid off.

• LIEN:A lien may be placed on thenoncustodial parent’s property requiringthat the child support debt be paidbefore the property can be sold ortransferred.

• CASH DEPOSIT: The noncustodialparent may be required to depositmoney (up to three years’ worth

16 21

of payments) toward future childsupport. Payments can be taken out of this deposit if the noncustodialparent fails to pay support regularly.Also called Cash Bond or CashUndertaking.

• ARREST/INCARCERATION: The courtmay issue an arrest warrant if thenoncustodial parent fails to appear in court for a violation hearing orfalls seriously behind in child supportpayments. In certain cases of willfulnon-payment of child support, thenoncustodial parent may go to jailfor up to six months. Willful non-payment means that the noncustodi-al parent can afford to pay childsupport but chooses not to, or inten-tionally avoids employment, or trans-fers money in order to avoid paying.

• SUSPENSION OF STATE-ISSUEDPROFESSIONAL, BUSINESS, ANDOCCUPATIONAL LICENSES: FamilyCourt may recommend to the appro-priate licensing board that noncusto-dial parents who owe an amount ofchild support equal to or more thanfour months of current support havetheir state-issued licenses suspend-ed. Examples of occupations thatmust be registered or licensed byNew York State include securityguards, 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, theSupport Magistrate may order him orher participate in STEP (Support Through

Employment Program), a work referralprogram that helps noncustodial par-ents get jobs so that they can paychild support.

REFERRAL FOR CRIMINAL PROSECUTIONOCSE can request criminal prosecutionof an NCP by the United States Attor-ney’s Office or the local District Attor-ney’s Office when willful non-paymentof child support has been established,significant arrears are owed, and otherenforcement actions have failed.

Terminating the Child SupportOrder

In New York State, you will have to pay child support until the child reaches age 21, unless the courtorders something different. Orders canbe extended past age 21 for educationor medical reasons. Orders may beterminated by Family Court soonerunder certain circumstances.

AN ORDER MAY BE TERMINATEDBEFORE THE CHILD REACHES AGE 21IF ANY OF THE FOLLOWING HAPPENS:• CHILD BECOMES EMANCIPATED

The child moves out and becomesself-supporting, gets married, orjoins the military.

• YOU GET CUSTODY OF THE CHILDIn that case, the other parent may beordered to pay child support to you.

• YOU MOVE IN and form one house-hold with the custodial parent andchild.

well-being. In addition to things likeschool, clothing, and medical anddental expenses, child supportpayments may be used by the custo-dial parent for household expenseslike rent and food – anything thatcontributes to the child’s quality oflife. Remember, the cost of raising achild is very high. For single-parentfamilies making under $56,870before taxes, the estimated cost forraising a newborn to two-year-oldchild is $7,330 per year.

Custody & Visitation

Custody and visitation are notdiscussed at the child support hearingand are not included in the childsupport order. But they are emotionalissues for parents. Even if you are notseeing your child, you are still legallyresponsible for paying court-orderedchild support. If the custodial parentwon’t let you see your child, or youcannot agree on other parentingissues, consider mediation. Mediationcan help you resolve your differencesand help you improve your relationshipwith the other parent.

Either parent may file a petition inFamily Court for a custody/visitationhearing to establish custody of thechild or enforce visitation rights. These issues will be discussed at adifferent hearing, separate from thechild support case. At the hearing, thejudge/referee may refer the parents for

mediation. It is an opportunity for bothparents to work out an agreement thatcan become a court order. If an agree-ment cannot be reached, the parentsmust return to court and thejudge/referee will make the necessarydecisions.

Mediation services are also availablewithout going to court. Parents maycontact the following organizations directly for free or low-cost mediationservices:

• 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 fundedprogram offering a free and confi-dential telephone helpline to moth-ers and fathers living apart.

Noncustodial Parent Earned Income Tax Credit

You may be eligible for a New YorkState Noncustodial Parent EarnedIncome Tax Credit if you meet all of the conditions listed below. To get thiscredit, you must file a New York Statetax return and include tax form IT-209.

• Be a NY State resident for the entireyear

• Be at least 18 years old

22 15

Filing for Bankruptcy Filing for bankruptcy does not wipeout the obligation to pay current andpast due child support. Child supportdebt has priority over all other credi-tors. If you already have a childsupport order, payroll deductions willcontinue and most enforcementactions can still take place, if applica-ble. If you do not have a child supportorder, one can still be established,regardless of your bankruptcy status.

You Move or Change JobsYou are required by law to informOCSE if you move so that we can stayin contact with you about your case. If you change jobs, let us know so wecan notify your new employer to starttaking child support payments out ofyour paycheck. Any break in paymentswill result in unpaid child support andcan make you eligible for strongenforcement measures.

Giving Money or Gifts to the Custodial Parent•Once you have a child support order

payable to OCSE, you cannot givepayments directly to the custodialparent. Payments given to the custo-dial parent will not be credited toyour child support account and youmay owe child support debt.

•Custodial parents who are receiv-ing cash assistance benefits areconsidered to have committedwelfare fraud if they accept directchild support payments and do notreport those payments to HRA.

• Clothing, diapers, and other thingsyou give to the custodial parent forthe child are considered gifts. Theydo not count as payment for childsupport.

Where the Payments Go

• If the custodial parent and/or childare receiving cash assistance, thefamily is entitled to keep up to thefirst $100 ($200 for 2 or morechildren) of current child supportcollected each month. This is called apass-through or bonus payment andis in addition to cash benefits. Thepass-through payment cannot bemore than we collect and cannot bemore than the amount of the order.Anything collected above the bonuspayment is used to pay back theDepartment of Social Services (DSS)for benefits received.

• When the family goes off cash assis-tance, the child support order contin-ues unless the custodial parentrequests to have it closed. All of themoney collected for current supportgoes directly to the custodial parent.In some cases, OCSE will still keeppast due support owed from the timewhen the family was getting cashassistance.

• If the custodial parent has neverreceived cash assistance, all paymentsare forwarded to him or her.

• Child support payments may be usedfor any expense related to the child’s

14

For example, if your child supportorder is $115 per week and you oweback child support, you will be chargedan additional amount of $57.50 (50%of $115) for a total of $172.50 per weekuntil your account is paid up to date.

Hardship Review• If your payments are temporarily

increased by an additional 50%above your regular order, New YorkState ensures that paying thisadditional amount does not create a hardship by leaving your incomebelow the annual self-supportreserve, which is $16,038 for 2016.For example, if your child supportorder is $300 per month, the addamount will be $150, for a total of$450 per month. If that extra $150reduces your annual income belowthe self-support reserve, you shouldvisit the OCSE Customer ServiceWalk-in Center and request aHardship Review.

• Some, or all, of the additional $150amount may be removed if you canprove a hardship, but the childsupport order will not change. In some cases the Customer Serviceworker may be able to permanentlylower your child support order and/orarrears (see section called DebtReduction Programs for Low-Income

Noncustodial Parents). Otherwise,you must go back to the FamilyCourt where the order was estab-lished and file a petition for adownward modification.

Responsibility of Your EmployerYour employer is required by law totake out court-ordered payments forchild support and medical supportfrom your salary. Payroll deductions forchild support and medical support arethe same for everyone and employersare aware of this process. Your employ-er cannot fire you, charge you a fee, or discriminate against you in any waybecause of child support deductions. If your employer has questions, assis-tance is available by calling the NewYork State Child Support Helpline at888-208-4485, and, after selecting thelanguage, choosing option 2 (Employ-ers and Income Providers).

The Federal Consumer Credit Protec-tion Act (FCCPA) limits the amountthat your employer can take from yourpaycheck. The maximum amount thatcan be taken is a percentage of yourdisposable income (amount left afterfederal, State, local taxes, social secu-rity and Medicare deductions are takenout). The percentage depends on howmuch you owe and the number ofchild 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 Office of Child Support Enforcement (OCSE)Customer Service Walk-In Center151 West Broadway, 4th floor New York, NY 10013

Monday – Friday, 8 am – 7 pmBRING A PHOTO ID

WEBSITES

New York City Office of Child SupportEnforcement (OCSE)NYC.gov/hra/ocse

Information about events and programs for fathers NYC.gov/NYCDADS

View child support videosyoutube.com/hranyc

New York City Office of FinancialEmpowerment, free financial 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 Unified Court Systemcourts.state.ny.us

WRITE

New York City Office of Child Support EnforcementP.O. Box 830Canal Street StationNew York, NY 10013

SEND PAYMENTS

New York State Child Support Processing CenterP.O. Box 15363Albany, NY 12212-5363

*To get updated account information,you will need your social securitynumber and PIN (Personal Identifica-tion Number). NCPs who need a PINor do not remember their PIN mayrequest one by phone or mail. Call 1-888-208-4485 and speak to a representative or mail a signed,written request including your fullname, address, social securitynumber, and child support accountnumber to: Attention: PIN NYS Child Support Processing CenterP.O. Box 15365Albany, NY 12212-5365

12 25

50% - support a 2nd family; no arrears or less than 12 weeks in arrears55% - support a 2nd family; more than 12 weeks in arrears60% - single family; no arrears or less than 12 weeks in arrears65% - 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 AssistanceNew York State Department of HealthPursuant to Section 4135-b of Public Health Law

Recorded District_________________________Hospital Code (PFI Number) _______________ Register Number _________________________

ACKNOWLEDGMENT OF PATERNITY(Please type or print clearly in blue or black ink.)

Check where signed: � Hospital � Child Support Office � Birth Registrar � Other

CHIL

D

FirstnameLastnameFacility of birth City of birth County of birth

MiddlenameSex �Male �Female Date of birth (MM/DD/YYYY)

/ /

If the child’s birth certificate was already filed and you wish to change the child’s last name, complete the following section:Last name onoriginal birth certificate Newlast name

We 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 suchforce 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 thewritten notice has been provided to us. We certify that the information we provide below is true.

FATH

ER

FirstnameStreet address (house/apt. number)

Middlename

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 ZipPlace 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)/ /

MOT

HER

Firstname

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 OnlyThe 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

/ / - -

/ /

/ / - -

Lastname

Middlename Lastname

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 thehearing. If that isn’t possible, theorder may be mailed to you or youmay go back to court at a later dateto request a copy.

• Read your child support order, makesure you understand it, and keep acopy. If you disagree with the childsupport order, you have 30 days fromthe date of the order to file a writtenobjection in court. A judge will reviewthe case record and decide if theorder is correct or should be changed.A sample of a child support order isprovided in the back of this booklet.

• After the order has been entered intothe child support computer system,you will receive a letter in the mailtelling you how much you have topay and how payments are to bemade. Read this letter carefully tomake sure that all of the informationis accurate. Contact OCSE with anycorrections.

• You can go to childsupport.ny.gov,login, and see the status of youraccount, including information aboutpayments.

Paying Your ChildSupport Order

How Payments Are MadeYou are responsible for paying yourchild support order. If you are working,a notice will be sent to your employerwith instructions for taking childsupport payments from your salary and sending the money to OCSE. Child support payments can also be

taken directly from other sources ofincome including pension, militaryallowance, social security, disability,and unemployment insurance. Childsupport payments cannot be takenfrom cash assistance or SSI benefits. If your child support order includesmedical support, a notice will be sentto your employer to deduct the cost ofthe health insurance benefits for yourchild from your paycheck.

• It may a take a few weeks from thetime that the child support order isestablished until payments are de-ducted from your paycheck. Untilthen, you will be expected to makepayments directly to OCSE. If you areself-employed you will be expectedto make payments directly to OCSEon a regular basis. Send your pay-ments by certified check or moneyorder to the New York State ChildSupport Processing Unit, P.O. Box15363, Albany, NY 12212-5363. In-clude your account number on yourcheck. You may also make paymentselectronically. Refer to the New YorkState website (childsupport.ny.gov)for details. Credit card payments canalso be made at the OCSE CustomerService Walk-In Center (151 WestBroadway, 4th floor, in Manhattan).

• It is important that payments aremade on time. If payments fallbehind and your payments comedirectly from your job or other sourceof income, your regular deductionsmay be increased by an additional50% until your account is paid up to date, and you may be subject toother enforcement measures.

10 27

Acknowledgment of Paternity

For example, if you earn $35,000 ayear after the deductions allowed byCSSA, and have 1 child, the basic childsupport order amount will be approxi-mately $115 per week. For two childrenin the same family, the order wouldincrease to $168 per week.

In addition to the basic obligationamount, the child support order mustinclude medical support, which meanshealth care costs for the child like healthinsurance premiums, deductibles, andco-payments; medical support costsare divided between the two parents,according to their income. Eitherparent may be required to enroll thechild in a health insurance plan, if it isavailable through their jobs.

The insurance must be available at areasonable cost to the employee andthe medical services must be availablewhere the child lives. Reasonableeducation and day care expenses forthe child may also be included in thechild support order. These expenses areusually divided between the twoparents according to their income.

The effective date of any child supportorder is the date that the petition wasfiled, not the date that the order wasestablished in court. For example, if a petition was filed on October 1,

and a child support order for $115 perweek was established at a hearing onDecember 5, the noncustodial parentwould start out already owing morethan $1,000 in retroactive childsupport.

Child Support Order Amounts forLow-Income Noncustodial Parents It is very important to show up at thehearing and bring your financial infor-mation, so the Support Magistrate canestablish 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 supportorder may be established at $50 permonth. The SSR and the federalpoverty level change every year.

• If your yearly income is below thefederal poverty level for one person($11,880 for 2016), your child supportorder may be established at $25 permonth and the amount of arrearsyou owe will be limited to $500.

• If you have a low-paying job or nojob, the Support Magistrate mayrefer you to the Support ThroughEmployment Program (STEP). Youwill be referred to an organizationthat will help you get a job. Onceyou start making more money, theamount of your child support ordermay 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 ofyour child support order and how to start making payments. In most

28 9

F.C.A. §§ 413, 416, 433, 438, 4-7 11/2002439, 440,442-447, 471; Art.5-B,

At 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, on October 4, 2004

PRESENT: Family Court, Support MagistrateIn the Matter of a Support Proceeding File #: XXXXX

Docket #: F-XXXXX-XXCSMS #: 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 ANDOCCUPATIONAL 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 DAYSOF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDERWAS 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 NoncustodialParent is chargeable with the support of:Name Date of BirthChild’s Name XX/XX/XXXX

Noncustodial Parent having appeared before this Court to answer the petition, having been advised by theCourt of the right to counsel, and to show why an order of support and other relief prayed for in the petitionshould not be granted; and Noncustodial Parent having admitted the allegations of the petition; and the matterhaving 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 proofsand 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 obligationis 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 proofsand testimony offered in relation thereto, it is

ORDERED AND ADJUDGED that effective January 28, 2005, Noncustodial Parent is chargeable with thesupport of the following person(s) and is possessed of sufficient means and able to earn such means to providethe payment of the sum $XX.XX weekly to Custodial Parent by certified check or money order payable tothe Support Collection Unit, such payments to commence on January 28, 2005, for and toward the support ofNoncustodial Parent’s children, allocated as follows:

Sample of Child Support Order

PART A

Family Court Act laws thatgovern 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)

Court addressand thehearingdate

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%

Documents You Will NeedBring as much of the following infor-mation as you can: • Document showing your name and

social security number or ITIN (Individ-ual Taxpayer Identification Number)

• Completed Financial Disclosure Affidavit 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/benefits: − 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

benefits− Unemployment insurance benefits− Bank statements

• Proof of any other children or formerspouse being supported

• Proof of household expenses, unpaidbills, and loans

Presenting Yourself in CourtWhen you go to court, you want theSupport Magistrate to listen to whatyou have to say and make a fair decision. If you want to be takenseriously, you must be respectful of the court: • Arrive on time.• Wear appropriate clothing like a

shirt with a collar and sleeves, andlong pants.

• Be prepared with a list of importantthings you want to say.

• Speak when it is your turn; do notspeak directly to the custodial parent; be direct and to the pointsince time is limited.

How Much Child Support You Can Expect to Pay The New York State Child SupportStandards Act (CSSA) sets the basicchild support amount at a fixed percentage of the parents’ income. Using these percentages ensures thatchildren benefit from the samestandard of living they would have iftheir parents were living together. Thispercentage is used for all cases wherethe parents’ combined income doesnot exceed $143,000. For combined income above $143,000, the SupportMagistrate can choose whether or notto use the percentage guidelines, andmay consider other information insetting the full support amount.

HOW THE AMOUNT OF THEORDER IS CALCULATEDThe basic support amount is a percent-age of your gross income minus NYCtaxes, social security and Medicaredeductions, and any child or spousalsupport actually paid to another family.It also depends on how many childrenare involved. Income can be salaryfrom a job, worker’s compensation,disability payments, unemploymentbenefits, social security payments, andmany other forms of income. Cashassistance and SSI are not consideredincome.

8 29

Docket No: F-XXXXX-XX4-7

Name Social Security # Date of Birth Amountchildren:Child XX/XX/XXXX

Total Child Support: $XX.XX weekly

ORDERED 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,telephone number, driver’s license number; and name, address and telephone numbers of the parties’ employersand any change in health insurance benefits, including any termination of benefits, change in the health insurancebenefit carrier or premium, or extent and availability of existing or new benefits; and it is further

ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Lawand 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 PayableUnreimbursed Health Related/Custodial Parent XX % Via SCUChild 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 tothe New York State Case Registry of Child Support Orders established pursuant to Section 111-b(4-a) of theSocial Services Law; and it is further ORDERED that this is a $XX per week order of support from 10/8/04until it increased on1/28/05.

NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COSTOF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THANTWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPONTHE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPONAPPLICATION 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 THECOST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILINGTO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPONRECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THEPARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTINGTHE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT.

(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED ANDADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUTFURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OFADJUSTMENT 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 AMOUNTCONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUEUNDER 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 NOTTHE 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

cont’d

PART F

PART G

Notice to informAgency of anychange in your residence,employment,etc.

Expenses in addition to the basic child support amount:MedicalChild careEducation

Where to send payments until they come through your job

Cost of Living Adjustments(COLA)

Name and seal of Support Magistrate

Summary of court findings

Glossary of ChildSupport Terms

AAbsent Parent | Person who isabsent from the home and is legallyresponsible for providing financialsupport for a dependent child (alsoreferred to as the noncustodialparent, nonresident parent, andrespondent in court case).

Accrual | Sum of child supportpayments that are overdue.

Acknowledgment of Paternity(AOP) | Form that establishes thepaternity (legal fatherhood) of a childthrough a voluntary process, withoutgoing to court. It must be completedand 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 inorder to satisfy the delinquency on anaccount.

Adjournment | Temporarypostponement of the hearing until aspecific date in the future.

Administrative Process | Methodby which support orders are enforcedby OCSE instead of by courts andjudges.

Affidavit | Written statement of factmade voluntarily under oath.

Allocated Child Support Order |Order that lists each party of the order(children, spouse) with a specificamount assigned for each dependent.

Amend | Change to a legal document.

Arrears | Amount of child supportthat is overdue and unpaid.

Assignment of Support Rights |Person agrees to turn over to the Stateany right to child support paymentsthat accrue while in receipt of cashassistance in exchange for cash assis-tance and other benefits.

BBasic Child Support Obligation |Amount of the child support orderbased on a fixed percentage ofparental income, before medicalsupport and expenses for child care,and/or educational expenses areadded on.

Bonus Payment | Cash assistancerecipients with child support ordersmay receive up to $100 per month($200 if there are two or more childrenreceiving child support) of the childsupport collected in the same monththat it is owed. (See also Pass-ThroughPayment.)

Burden of Proof | Duty of a party toproduce the greater weight evidenceon a point at issue.

CCash Assistance | Governmentbenefit providing financial support for very low-income individuals andfamilies, administered in New York Cityby HRA (Human Resources Administra-tion). Cash assistance is delivered toclients electronically by EBT (ElectronicBenefit Transfer).

Cash Undertaking | As the result ofa court hearing, a noncustodial parentmay be ordered to pay a cash depositto OCSE’s Support Collection Unit ofup to 3 years’ worth of child supportpayments. Payments can be taken outof this deposit if the noncustodialparent fails to pay support regularly.

30

cause,” which usually means there isfear of domestic violence.

For more information about child supporthearings, please see the online video athttp://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 asummons, either by mail or in person.It will include the date, time, and location of the hearing as wella Financial Disclosure Affidavit for youto fill out, and a list of documentsyou should bring to the hearing.

• For useful information on the courtprocess and guidance on how tocomplete the forms, see the website of Legal Information for Today:www.liftonline.org.

• OCSE’s Cash Assistance AgreementPilot (CAAP) enables cash assis-tance families in all five boroughsto establish paternity, child supportorders, and medical support ordersat OCSE’s Customer Service Walk-inCenter. Agreements are signed andforwarded to the Family Court forapproval, often without parentshaving to appear in court.

• You will not be asked about your im-migration status in court or at any othertime during the child support process.

• Bring as much information as youcan about your income and expenses.A Support Magistrate will listen totestimony from both parents, review the information presented and use

the New York State Child SupportGuidelines to calculate the amountof the child support order.

• Family Court is separate from CriminalCourt and information is not shared.

• It is not necessary to have a lawyerin Family Court but you may hire oneif you wish. If the custodial parentand/or child are receiving cashassistance, a lawyer will be there torepresent the Department of SocialServices. That’s because when cashassistance is involved, the petitionrequesting child support services isfiled by the Department of SocialServices, 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 bethere, contact the court and ask thatthe date be changed.

• If you do not provide sufficient finan-cial information or fail to show up, theSupport Magistrate can still order youto pay child support by issuing a de-fault order. Since a default order is notbased on your exact income, it may bemore than you can afford to pay.

• Once a default order is issued, youcan file a petition in court to have itlowered. Until then, the amount ofchild support you owe will increase if it is not paid and the order maybecome 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 noncustodialparent’s financial situation due toinjury, illness, or sudden loss ofemployment which affects their ability to pay their court-ordered childsupport; grounds for filing a downwardmodification in court.

Change of Payee | Allows forprivate child support payments to besent to OCSE for processing, recordkeeping, distribution, and enforcement.

Child Support Standards Act(CSSA) | Legislation passed in 1989to make child support orders fair andconsistent throughout New York Stateby 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 basedon changes in the Consumer PriceIndex for Urban Areas (CPI-U), whichkeeps track of day-to-day living expenseslike food, clothing, housing, etc.

Concurrent Jurisdiction | An orderwhich allows more than one court tomake decisions about and modify achild support order. This may happenwith New York State Supreme Courtand Family Court.

Consumer Credit Protection Act(CCPA) | Federal law that limits theamount that may be withheld fromearnings; it takes into consideration:net income after mandatory taxes aretaken out, the amount of arrearsowed, and whether an additionalfamily is being financially supported.

Court Order | Legally bindingdocument issued by a court of law. Acourt order related to child support willinclude how often, how much, howlong and what kind of support the

noncustodial parent must pay andwhether an employer must withholdsupport from their wages.

CPI-U (Consumer Price Index forUrban Areas) | Tracks the prices of items like food, clothing andhousing on an annual basis. Cost ofLiving Adjustments (COLA) are basedupon the yearly changes in the CPI-U.

Custodial Parent (CP) | Parent,relative, or guardian who lives withand is the primary caretaker of thechild or children.

Custody | Legal determination thatestablishes with whom the child shalllive: the mother, father, or other adult.

DDecree | Judicial decision of a court.

Default Order | Child support orderissued when the noncustodial parentfails to provide sufficient informationor fails to appear in court, and proof ofsummons service has been provided.

Delinquency | An amount of moneydue on a child support case but notpaid.

Dependent | A child who is underthe care of someone else. Mostchildren who are eligible for childsupport are dependents.

Direct Pay Order | Child supportorder is payable directly from thenoncustodial parent to the custodialparent.

Disbursement | The paying out ofcollected child support funds to custo-dial parents or to the Department ofSocial Services if the client is receivingcash assistance.Dismissal without Prejudice |Petition is dismissed now but may be

6 31

taken up at a later date in court. Forexample, there is no summons service.

Dismissal with Prejudice | Thefacts of a petition are found to haveno merit and the case is absolutelydismissed from court. For example:DNA proves that the respondent is not the biological father.

Disposable Income | Amount ofincome left over after taxes andMedicare and FICA and pension planpayment deductions are taken out.

DNA Test | Analysis of inheritedfactors to determine if a particular manis the child’s father; DNA samples aretaken from inside the cheek of thefather, mother, and child using aspecially designed swab. Docket Number | Number assignedby the court to identify the case.

EEBT (Electronic Benefit Transfer) |Method by which the New York StateOffice of Temporary & Disability Assis-tance (OTDA) delivers cash and foodstamp benefits to recipients. Benefitsare accessed using an ID card and PIN.

Emancipated | A child is not livingwith his/her parents and has a sourceof income, or is in the military, or ismarried.

Enforcement | Application ofremedies to obtain payment of a childor medical support obligationcontained in a child support order.Examples of remedies include seizureof assets, suspension of driver’slicense, denial of U.S. passport, etc.

Establishment | Process of provingpaternity and/or obtaining a court orderto put a child support obligation in place.

FFamily Court Support Services(FCSS) | Division of OCSE thathandles the intake of local non-cashassistance child support cases.

Family Support Act | Law passed in 1988 that mandates immediatewage withholding on child supportorders and requires states to useguidelines to decide the amount ofsupport for each family.

Federal Parent Locator Service(FPLS) | Computerized nationallocation network service that helpsstates locate noncustodial parents bymatching database information; FPLScan provide information helpful toestablishing custody, paternity, andchild support and for adoption andfoster care issues.

Financial Disclosure Affidavit |Document given to both parties in achild support case, requesting detailedfinancial, wage, and expenseinformation; used by the court todetermine child support, medicalsupport, childcare and other parts ofthe child support order.

Findings of Fact | Notes and calcu-lations used by the Support Magistrate inestablishing a child support order.

GGarnish | Legal proceeding underwhich part of a person’s wages and/orassets is withheld for payment of adebt like child support.

Good Cause | Legal reason forwhich a cash assistance applicant orrecipient is excused from cooperatingwith child support.

out a paternity petition through aninteractive computer program. Onceyou download and sign the petition,you can bring it, or mail it, to FamilyCourt. You will be given a hearing dateand instructions about what to donext. When paternity is established ata court hearing, an Order of Filiation isissued and filed with the DOHMH. Thebirth certificate will be amended to include the father’s name and changethe child’s last name, if that is requested.

PUTATIVE FATHER REGISTRYOnce paternity is established, thatinformation is forwarded to the NewYork State Putative Father Registry(PFR), which keeps a record of legalfathers for the State. The PFR may beconsulted in issues of inheritance,adoption or any other legal issuesthat 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 birthregistrar in the hospital where thebaby was born, or the OCSEOutreach and Paternity ServicesUnit at 929-221-5008. If you aregoing to court for a child supporthearing, the Support Magistrate mayorder a DNA test if it is necessary.

• You will be referred to a state-certi-fied laboratory for low-cost DNAtesting. A swab is used to take DNAsamples from inside the cheeks ofthe 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 youare under 18, the lab may requireyou to have one of your parentsaccompany you.

• Results will be sent to you by mailapproximately 2 weeks after the labreceives all of the samples.

• If you are already paying court-orderedchild support and want a DNA test,that request must be made in court.If a DNA test proves that you are notthe biological father, the order willnot be automatically terminated. Acourt hearing will be required and adecision will be made that is in thebest interests of the child.

Going to Court

Child support orders are legal documents that are established incourt. Either parent may file a petitionin Family Court for a child supporthearing. If the custodial parent and/orchild are applying for or receiving cashassistance, the Department of SocialServices (also known as the HumanResources Administration, HRA) willautomatically file a petition on behalfof the child. Custodial parents receiv-ing cash assistance are required to cooperate with child support in orderto get full benefits for their families.Custodial parents who do not complywith child support requirements mayhave their cash benefits reduced by 25%and lose Medicaid for themselves.Custodial parents may be excusedfrom cooperating if there is “good

32 5

father’s name will appear on the birthcertificate right away. Otherwise, thatarea of the birth certificate is left blank.

After the baby goes home from thehospital, paternity can still be estab-lished through the voluntary processby contacting OCSE or the New YorkCity Department of Health and MentalHygiene (DOHMH). If paternity is established after the baby has left thehospital, the birth certificate will beamended to include the father’s nameand change the child’s last name, if requested.

• Parents do not have to sign the AOPat 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 thefather, do not sign the AOP form.Request a DNA test and wait for theresults before making that decision.

CANCELING THE ACKNOWLEDGMENT OF PATERNITY (AOP)• Once the AOP is filed with the

DOHMH, it becomes a legaldocument. If you change your mindabout establishing paternity, youhave to go to court to file apetition to cancel the AOP.

If you were 18 years or older whenyou signed the AOP, you must fileby 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 yearswhen you signed the AOP, youmust file by the earlier of− 60 days after reaching age 18, or− 60 days after having to answer

any court petition about the childif you were advised of your right tocancel the AOP at a proceedingrelated to the child.

• After these time limits have passed,the only way to challenge theAcknowledgment of Paternity incourt is to show proof of fraud,duress, or material mistake of fact.Even then, the court could decide itis in the child’s best interest not toorder genetic tests.

PATERNITY ESTABLISHMENT IN COURTIt 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 sheknows that her husband is not thefather of the child.

• There is doubt about the identity ofthe father and either parent refusesDNA testing.

• You are in court for a child supporthearing and paternity has not alreadybeen established.

Either parent may file a petition toestablish paternity in court. You can goto court to file the petition or go onlineto New York State DIY (Do-It-Yourself)Forms at www.nycourthelp.gov to fill

HHearing | Legal proceeding held in front a judge. The judge at a childsupport hearing is called a SupportMagistrate.

IIncome | Any regular form ofpayment to an individual, regardless of source, including salaries, commis-sions, bonuses, unemployment insur-ance, worker’s compensation, disabili-ty, pension, or interest. Cash assistanceand SSI benefits are not consideredincome. Income Execution (IEX) | Adminis-trative process by which a noncusto-dial parent’s child support paymentsare deducted directly from his/herwages or other income and sent to theChild Support Collection Unit. May bereferred to as wage withholding, gar-nishment, or payroll deductions.

Intercept | Method of securing childsupport by taking a portion of non-wage payments made to a noncusto-dial parent. Non-wage paymentssubject to interception include tax refunds and lottery winnings.

Interstate Cases | Cases in whichthe dependent child and noncustodialparent live in different states andwhere two states are involved in somechild support case activity, such asestablishment or enforcement.

JJob Center | Entry point for peopleseeking cash assistance. Provides on-site access to job search, training, andplacement and benefits like Medicaidand Food Stamps. OCSE receives refer-rals from Job Centers for clients whoare required to cooperate with thechild support program.

Judgment | Official decision orfinding of a Judge or Support Magis-trate.

Jurisdiction | The legal authoritywhich a court or administrative agencyhas over particular persons and overcertain types of cases, usually in adefined geographical area.

LLegal Father | Man who is recog-nized by law as the male parent of achild. In order to be recognized as thelegal father, paternity must be estab-lished if the parents are not married to each other.

Lien | Claim upon property toprevent sale or transfer until a debt is paid up.

Locate | Process by which a noncus-todial parent is found, for the purposeof establishing paternity and establish-ing and/or enforcing a child supportobligation.

Long Arm Jurisdiction | Legalprovision that permits one state toclaim personal jurisdiction oversomeone who lives in another state.

Lottery Intercept | Process bywhich a noncustodial parent’s lotteryprize winnings are sent to the Office of Child Support Enforcement to satisfypast-due support obligations.

MMedical Assistance (Medicaid)Only (MAO) | Form of public assis-tance that provides benefits to recipi-ents only in the form of medical, ratherthan financial, assistance.

Medical Support | Legal provisionfor medical coverage to be included ina child support order.

4 33

Modification Petition | Formalwritten application to a court request-ing a change in an existing childsupport order.

Money Judgment | Specific amountof arrears set by the Support Magistrate,in a formal judgment, which accrues 9%interest annually. A money judgmentmay be filed with the County Clerk’sOffice.

NNational Medical Support Notice(NMSN) | Notice sent to the noncus-todial parent’s employer requiring thathealth insurance coverage be provided,where available.

New Hire Reporting | Programthat requires all employers to reportnewly hired employees to the NewYork State Directory of New Hires forpossible enforcement of child supportand medical support obligations bywage deductions.

Noncustodial Parent (NCP) |Parent who does not live with and isnot the primary caretaker of a minorchild.

Notarize | To certify something, suchas a signature, on a legal document asauthentic or legitimate by affixing astamp and signature.

Nunc Pro Tunc | Latin meaning‘now for then’ – it refers to changingthe date of an order, judgment, orfiling of a document, back to an earlierdate.

OObjection | Written claim, disagree-ing with specific items in an order.Must be filed within 30 days of receiptof the order.

Obligation Amount | The amountof child support that the noncustodialparent is required to pay.

Office of Child Support Enforcement (OCSE) | Division of the Human Resources Administra-tion responsible for obtaining andenforcing child support orders forfamilies living in New York City.

Order | Written signed direction of a Support Magistrate or Judge.

Order of Filiation | Court orderthat 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 agreedto by both parties in an action. At achild support hearing, the parents mayagree to an order amount that isdifferent from the Child SupportStandards Act guidelines.

PParent Locator Services | Comput-erized network of state databasesused to locate respondents in childsupport cases.

Party | Person or organizationdirectly involved in a legal matter.

Pass-Through Payment | Cashassistance recipients with childsupport orders may receive up to $100per month ($200 if there are two ormore children receiving child support)of the support collected in the samemonth that it is owed; also calledbonus payment or child support“disregard.”

Paternity | Legal determination offatherhood. Paternity must be estab-lished before child support or medicalsupport can be ordered.

Child Support & Family Court

Many people think that Family Courtand OCSE are part of the same agency.That is not true. Each has differentfunctions in the child support process.

The Office of Child Support Enforce-ment (OCSE) is part of the New YorkCity Human Resources Administration(HRA), an agency of the City of NewYork. OCSE is the first stop in the childsupport process for custodial parents.Once an application for services is filed,OCSE starts the child support case.OCSE establishes paternity through avoluntary process, locates noncustodialparents, and serves summonses. Afterthe child support order has been estab-lished in court, OCSE monitors, collects,and distributes the payments. Whenpayments fall behind, OCSE has theauthority to enforce orders throughadministrative means.

Family Court is part of the New YorkState Unified Court System. The court’srole in child support is to process petitions, set hearing dates, establishorders of filiation (if paternity has notbeen established through the volun-tary process), establish new childsupport and medical support orders,and make changes to existing ones.When payments fall behind, a violationpetition may be filed and the courtmay enforce the order through judicialmeans. A request to either raise orlower the amount of a child supportorder must be made by filing a

modification petition in court. OCSEcannot make those changes for you.

Paternity

Paternity means fatherhood. Establish-ing paternity refers to the legal identi-fication of the biological father whenparents are not married to each other.Paternity can be established anytimebefore the child turns 21. There are noage 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 fromyou, and have access to your familymedical history.

•To have the father’s name on thechild’s birth certificate.

•For the right to ask for visitation or custody through Family Court.

•For the right to be consulted aboutdecisions concerning the child’s future if the custodial parent is unable to care for the child.

How to Establish Paternity VOLUNTARY ACKNOWLEDGMENTOF PATERNITYIf both parents agree, they can sign anAcknowledgment of Paternity (AOP) assoon as the baby is born. Acknowledg-ing paternity in the hospital, when thebaby is born, means that the

34 3

INTRODUCTIONEvery child should be able to count on both parents for love and support. That’strue even when both parents do not live together or were never married to eachother. It’s best to be involved with your child from birth, but it’s never too late tobecome a responsible and caring parent. Part of being a responsible parent isproviding financial support for your children.

The Office of Child Support Enforcement (OCSE) puts children first by helpingparents assume responsibility for the economic and social well-being and healthand stability of their children. We recognize the value of improved relationshipswith 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-orderedchild support and medical support, and collecting and enforcing those orders.OCSE assists noncustodial parents by offering programs to help them meet theirchild support obligations and manage their child support cases. Services areprovided to all parents regardless of income or immigration status.

Although most noncustodial parents are fathers, it is not always the case. Insome 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 primarycaretakers and both the mother and father are considered noncustodial parents.

The information in this handbook is for all noncustodial parents. We encourageyou to read this handbook and learn about your rights and responsibilitiesthroughout the child support process. This knowledge will help you makeinformed decisions and manage your child support case to achieve the bestoutcomes for your children.

Paternity Petition | Formal writtenapplication to a court requestingjudicial action to determine legalfatherhood of a specific man for aspecific child.

Payee | Person or organization inwhose name child support money ispaid, e.g., the child’s grandmother.

Payor | Person who makes apayment, usually a noncustodialparent or someone acting on his/herbehalf. Also known as the obligor.

Petition | Formal written request toa court to initiate a court action.

Petitioner | Person or organizationthat files a formal request to initiate acourt action.

PIN (Personal Identification Number) |Unique identification number assignedto clients in order to access their childsupport account information from theNew York State child support website(newyorkchildsupport.com) andhelpline (888-208-4485).

Poverty Level | Level of incomeconsidered too low to purchase life’snecessities according to the federalgovernment. The 2016 poverty levelfor a single person is $11,880. Foreach additional person in the family,$4,160 is added.

Property Execution (PEX) |Administrative process by which theOffice of Child Support Enforcement(OCSE) seizes the financial assets,usually bank accounts, of a noncusto-dial parent who is delinquent in payingchild support.

Pro Rata Share | The portion of thetotal amount that each parent mustpay for items included in the childsupport order like child care or unreim-bursed medical expenses.

Pro Se | Latin meaning ‘for oneself’;someone who represents him/herselfin court without an attorney.

Putative Father Registry (PFR) |Record of fathers kept by New YorkState. Examples of documents that arestored at the PFR are Acknowledg-ments of Paternity (AOP), court ordersestablishing paternity, and non-legally-binding statements regarding paterni-ty. The PFR may be consulted on issuesof inheritance, adoption and any otherlegal issues that require notifying achild’s father.

RRecipient | Person or organizationthat receives support funds and/orpublic assistance benefits, includingcash assistance, Food Stamps,Medicaid, etc.

Reciprocity | Relationship in whichone state or country grants certainprivileges to other states or countrieson the condition that they receive thesame privilege.

Relief | Legal remedy.

Respondent | Person who respondsto the petition. This is whichever partyis filed against for relief.

Retroactive Support | Childsupport that is ordered to be paid backto a past date, usually the date thatthe petition was filed. Retroactivesupport creates an immediate debt.

SSanction | Penalty for violation orlack of cooperation. At OCSE, refers toa reduction of benefits imposed on acash assistance client for not cooperat-ing with child support requirements.

2 35

Self-Support Reserve | Factor incalculating child support in New YorkState when either parent is at or nearthe poverty level; the self-supportreserve is 135% of the federal povertylevel. The self-support reserve for2016 is $16,038.

STEP (Support Through EmploymentProgram) | Provides job training andplacement for noncustodial parentswho are unable to pay child supportbecause they are unemployed or havelow paying jobs. Referrals to STEP maybe made at the child support hearing.

Stipulation | Written agreement byparties on opposite sides of a case.

Summons | Notice stating that anaction against the recipient has beenstarted. A summons for a childsupport hearing will tell the parentwhere and when to show up, andwhat information to bring.

Support Collection Unit (SCU) |Division of the Office of ChildSupport Enforcement responsible forthe collection, monitoring anddisbursement of child supportpayments.

Support Magistrate | Attorney,appointed by the local Family Court,who can hear testimony and makedecisions in child support cases.

Support Order | Court-issued orderestablishing child support obligation.Support orders may be temporary orfinal and subject to modification.Support orders may include monetaryand medical support, child care,education expenses, and payment ofarrearages, interest, penalties, andother forms of relief.

TTax Refund Offset | Process bywhich a noncustodial parent’s federalor state tax refunds are taken to satis-fy a child support debt.

Terminate an Order | End currentobligation; provided effective end dateof a child support order. Arrears muststill be paid.

UUIFSA (Uniform Interstate FamilySupport Act) | Federal law enacted in 1996 to ease the process of receiv-ing child support payments acrossstate lines. It requires states tocooperate with each other to get andenforce child support orders; permitsstates to enact direct incomewithholding with employers in otherstates; prevents multiple childsupport orders being issued for thesame case in different states.

VVacate an Order | Set aside aprevious order, as if it never existed.

WWage Withholding | Automaticdeduction from income that starts assoon as an IEX (Income Execution)notice is sent to the employer.

Willful Non-Payment | Thenoncustodial parent deliberately failsto pay court-ordered child supporteven 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 theNew York City Human Resources Administration.