One parent can file for child support if the child lives with that parent for a majority of the time, and the child’s parents do not live together. The petition can be filed in the county where one of the parents resides pursuant to New York Family Court Act Section 421. If the child does not live with either parent but instead resides with someone who has custody or guardianship under a court order, then that person can file for child support against one parent or both parents. If the parent with whom the child resides is on public assistance, then that parent should speak with the department of social services regarding child support. 

One can start a case for child support by filing a child support petition in family court. A summons is then issued indicating the date, time, name of the judge, and part where the case will be heard. The respondent will have to be served at least eight days before the date of the court appearance following the rules regarding proper service.

If the parents of the child or children are married and are living separately, then the parent with whom the child lives with the majority of the time has to option to either start a case for child support by filing a child support petition in family court or supreme court as part of a matrimonial action. If it is filed as part of a matrimonial action, then one will have to file a summons with notice or a summons with either a complaint or a verified complaint. The opposing side will have to be served, and the opposing party will have time to respond by filing an answer and counterclaim. A Request for Judicial Intervention and a Preliminary Conference must be filed as well. Then the court will notify the parties via mail the date of the court appearance, the time, the judge assigned to the case, and any documents that need to be produced.

Jayson Lutzky gives free consultations. He has been practicing law for over 37 years in New York, and can help you with your legal matter. Due to social distancing requirements, please call 718-329-9500 to set up an appointment. Visit www.mynewyorkcitylawyer.com for more information.