To obtain a kid support order in New York, you will need to file a problem or petition for child support in either the Family Court or the Supreme Court. Usually, child support cases are filed in the county where you and the minor child live. However, you may also commence a kid support proceeding in the county where the child’s noncustodial parent (typically the father) resides.child support
Choosing the Appropriate Court for a New York Child Support Proceeding – Family vs. Supreme:
If you should be not married to another parent, your youngster support proceeding must be filed in Family Court. In the event that you and another parent are married, you might also need the opposition of requesting a kid support order in Supreme Court along with a divorce case. Because of the complex procedural requirements associated with Supreme Court proceedings, you need to strongly consider retaining a New York child support lawyer if you are considering Supreme Court.
You will find substantial differences between Family Court and Supreme Court. These differences include:
If you intend to proceed pro se (i.e., without an attorney), you will generally find Family Court a lot more user-friendly. The vast majority of Family Court litigants do not need attorneys. Also, in Family Court, proceedings are frequently conducted by support magistrates or referees, rather than judges. Used, which means the procedure is less formal. Often, evidentiary rules which can be strictly applied in Supreme Court are applied less stringently in Family Court.
In Family Court, you may not need to cover a filing fee. In comparison, in Supreme Court, there is a $210.00 Index Number Fee for filing a new case. However, the Index Number fee could be waived upon a showing of financial need. wasil bey
The legal forms and procedures for beginning a help case are much simpler in Family Court than in Supreme Court. An assistance proceeding in Family Court is commenced by the filing of a straightforward petition. The Family Court’s clerk’s office has fillable forms as you are able to use. There is no requirement that you state a specific number of support to be paid. The Family Court has the ability, regardless of the amount demanded, to grant a proper amount based on the proof presented at a hearing.
Finally, Family Court support proceedings may also be easier than Supreme Court proceedings because in Family Court, the court itself will issue the summons. In Supreme Court, you should prepare your own summons. When you file your support petition, the court clerk will give you copies of the summons and petition, that ought to be personally served on the respondent by way of a New York resident besides yourself. If you believe that the non-custodial parent may make an effort to evade or deny service of process, you need to strongly consider hiring licensed New York process server.
New York Child Support Law: Only Custodial Parents Can Get Support:
Regardless of which court you decide on, there are certain basic rules of law that apply to all or any New York child support cases. First and foremost, merely a custodial parent is entitled to support. Under New York law, you are the custodial parent only if you have physical custody of the child most the time. This rigid rule has survived various legal challenges. Other states tend to be more flexible, and observe that parents with physical custody significantly less than 50% of times may, in certain situations, be awarded support. This is not the case in New York. You are able to only be awarded support for a kid if you have custody, that will be rigidly interpreted as having physical custody.
Generally, the obligation of the non-custodial parent to cover support for a kid continues until the child reaches age 21 or if he or she is emancipated at an early on date. A parent may possibly not be directed to cover child support or contribute to college education for a kid who’s 21 years old or older where that parent has not expressly agreed to do this, since it is well established under New York law a parent is just chargeable with support for a kid who’s under age 21. In this regard, New York law differs from the law of other states. For instance, in Maryland, child support ends when the child reaches age 18. At the alternative end of the spectrum, in New Jersey, there is no fixed date for the termination of child support