CHILD SUPPORT: WHAT EVERY PARENT NEEDS TO KNOW

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If you and the other parent were never married, you must first establish legal parentage before child support can be ordered. Without it, there’s no enforceable obligation.

Two easy ways to establish paternity:

• Voluntary Acknowledgment of Parentage (AOP): Both parents sign this form (usually at the hospital or later at a local child support office or registrar). It’s fast, free, and legally binding.

• Court Order of Filiation: If the other parent doesn’t agree or sign voluntarily, file a paternity petition in Family Court (under Family Court Act Article 5). The court may order DNA testing. Once paternity is established, you can immediately request child support in the same proceeding.

Pro tip: You (or the child’s guardian) can file a combined paternity and support petition—no filing fees in Family Court!

If you’re married and filing for divorce, child support is typically addressed as part of the divorce action in Supreme Court. 

You can:

• Negotiate it privately and include it in your separation agreement or judgment of divorce (subject to court approval under the CSSA).

• Ask the Supreme Court judge to decide if you can’t agree.

You can also file a temporary child support petition in Family Court before starting the divorce. That order can later be incorporated into your divorce judgment. Once a divorce is filed, most Family Court support cases transfer to Supreme Court unless public assistance is involved.

Step 1: Gather Your Documents:

Prepare: child’s birth certificate, proof of income (paystubs, tax returns, W-2s), childcare/medical expense records, and any existing orders.

Step 2: File the Petition:

• Download and complete the official Child Support Petition (Form 4-3) or use the free DIY program on nycourts.gov.
• For paternity + support, use Paternity Petition (Form 5-1).
• File in the Family Court in the county where the child lives (or where either parent lives). No filing fee.

You can also enroll for free Child Support Services through the New York State Office of Child Support Services (childsupport.ny.gov) or your local Support Collection Unit. They’ll handle filing, calculation, collection, and enforcement for you.

Step 3: Serve the Papers:

The court issues a summons. You must properly serve the other parent (sheriff, process server, or court help center can assist). File proof of service (Affidavit of Service).

Step 4: Attend the Hearing:

A Support Magistrate will review finances, apply the CSSA formula, and issue an order. Bring all financial docs—paystubs, tax returns, proof of expenses. The process is usually quick and confidential.

Step 5: Enforce the Order:

Payments are often made through income withholding. The Child Support Enforcement Program can help if payments are missed.

Life changes—job loss, income increase, new expenses—so orders aren’t set in stone. You (or the other parent) can file a Petition for Modification (Form 4-11) in Family Court.

You can seek a modification if:

• There’s a substantial change in circumstances (e.g., significant income shift, child’s special needs, or change in custody).
• Three years have passed since the last order.
• Either parent’s gross income has changed by 15% or more (involuntary).

Courts will re-run the CSSA numbers with current incomes. Incarceration (not due to non-payment) can also qualify as a basis for modification under recent updates.

New York takes child support enforcement seriously. 

If payments fall behind:

• Income can be automatically withheld from wages.
• Tax refunds, lottery winnings, or unemployment benefits can be intercepted.
• Driver’s licenses, professional licenses, or passports can be suspended.
• In serious cases, the paying parent can face contempt charges or even jail time.

OCSS handles most enforcement automatically once an order is in place. The custodial parent can also file an enforcement petition in Family Court if needed.

“What if we have 50/50 custody?"

Shared custody doesn’t automatically eliminate child support. The court still runs the CSSA formula and may adjust for time spent with each parent.

“Can I just agree with my ex on a different amount?"

You can, but any agreement must be approved by a judge and put into a formal court order to be enforceable.

“What if my income drops because I lost my job?"

Courts understand involuntary job loss, but you’ll need to show you’re actively looking for work. Filing for modification promptly is key.