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CHILD SUPPORT HANDBOOK for Noncustodial Parents

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CHILD SUPPORT HANDBOOK for Noncustodial Parents 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 the New York City Human Resources Administration. Self-Support Reserve | Factor in T calculating child support in New York Tax Refund Offset | Process by State when either parent is at or near which a noncustodial parent’s federal the poverty level; the self-support or state tax refunds are taken to satis - reserve is 135% of the federal poverty fy a child support debt. level. The self-support reserve for 2016 is $16,038. Terminate an Order | End current obligation; provided effective end date STEP (Support Through Employment of a child support order. Arrears must Program) | Provides job training and still be paid. placement for noncustodial parents who are unable to pay child support because they are unemployed or have U TABLE OF CONTENTS low paying jobs. Referrals to STEP may UIFSA (Uniform Interstate Family be made at the child support hearing. Support Act) | Federal law enacted INTRODUCTION 2 in 1996 to ease the process of receiv - Stipulation | Written agreement by CHILD SUPPORT & FAMILY COURT 3 parties on opposite sides of a case. ing child support payments across state lines. It requires states to PATERNITY 3 Summons | Notice stating that an cooperate with each other to get and action against the recipient has been enforce child support orders; permits GOING TO COURT 5 started. A summons for a child states to enact direct income support hearing will tell the parent withholding with employers in other PAYING YOUR CHILD SUPPORT ORDER 10 where and when to show up, and states; prevents multiple child what information to bring. support orders being issued for the WHERE THE PAYMENTS GO 14 Support Collection Unit (SCU) | same case in different states. Division of the Office of Child CUSTODY & VISITATION 15 Support Enforcement responsible for V the collection, monitoring and NONCUSTODIAL PARENT EARNED INCOME TAX CREDIT 15 Vacate an Order | Set aside a disbursement of child support previous order, as if it never existed. payments. CHANGING YOUR CHILD SUPPORT ORDER & DEBT OWED 16 Support Magistrate | Attorney, W FALLING BEHIND ON PAYMENTS 19 appointed by the local Family Court, who can hear testimony and make Wage Withholding | Automatic TERMINATING THE CHILD SUPPORT ORDER 22 decisions in child support cases. deduction from income that starts as soon as an IEX (Income Execution) INFORMATION & RESOURCES FOR NONCUSTODIAL PARENTS 24 Support Order | Court-issued order notice is sent to the employer. establishing child support obligation. Support orders may be temporary or Willful Non-Payment | The ACKNOWLEDGMENT OF PATERNITY FORM 27 noncustodial parent deliberately fails final and subject to modification. SAMPLE CHILD SUPPORT ORDER 28 Support orders may include monetary to pay court-ordered child support even though he/she can afford it. and medical support, child care, GLOSSARY OF CHILD SUPPORT TERMS 30 education expenses, and payment of arrearages, interest, penalties, and other forms of relief. 36 Paternity Petition | Formal written Pro Se | Latin meaning ‘for oneself’; application to a court requesting someone who represents him/herself judicial action to determine legal in court without an attorney. fatherhood of a specific man for a Putative Father Registry (PFR) | specific child. Record of fathers kept by New York Payee | Person or organization in State. Examples of documents that are INTRODUCTION whose name child support money is stored at the PFR are Acknowledg - Every child should be able to count on both parents for love and support. That’s paid, e.g., the child’s grandmother. ments of Paternity (AOP), court orders true even when both parents do not live together or were never married to each Payor | Person who makes a establishing paternity, and non-legally- other. It’s best to be involved with your child from birth, but it’s never too late to payment, usually a noncustodial binding statements regarding paterni - ty. The PFR may be consulted on issues become a responsible and caring parent. Part of being a responsible parent is parent or someone acting on his/her behalf. Also known as the obligor. of inheritance, adoption and any other providing financial support for your children. legal issues that require notifying a Petition | Formal written request to child’s father. The Office of Child Support Enforcement (OCSE) puts children first by helping a court to initiate a court action. parents assume responsibility for the economic and social well-being and health Petitioner | Person or organization and stability of their children. We recognize the value of improved relationships R that files a formal request to initiate a Recipient | Person or organization with both parents. court action. that receives support funds and/or Services to custodial parents (parents living with and caring for their children) PIN (Personal Identification Number) | public assistance benefits, including include locating the noncustodial parent (parent living outside the household), Unique identification number assigned cash assistance, Food Stamps, establishing paternity, serving the summons, helping to establish court-ordered to clients in order to access their child Medicaid, etc. child support and medical support, and collecting and enforcing those orders. support account information from the Reciprocity | Relationship in which OCSE assists noncustodial parents by offering programs to help them meet their New York State child support website one state or country grants certain (newyorkchildsupport.com) and privileges to other states or countries child support obligations and manage their child support cases. Services are helpline (888-208-4485). provided to all parents regardless of income or immigration status. on the condition that they receive the Poverty Level | Level of income same privilege. Although most noncustodial parents are fathers, it is not always the case. In considered too low to purchase life’s Relief | Legal remedy. some families, the father is the custodial parent and the mother is the noncusto - necessities according to the federal Respondent | Person who responds dial parent. In other families the grandparents, or other relatives, are the primary government. The 2016 poverty level for a single person is $11,880. For to the petition. This is whichever party caretakers and both the mother and father are considered noncustodial parents. each additional person in the family, is filed against for relief. The information in this handbook is for all noncustodial parents. We encourage $4,160 is added. Retroactive Support | Child you to read this handbook and learn about your rights and responsibilities Property Execution (PEX) | support that is ordered to be paid back throughout the child support process. This knowledge will help you make Administrative process by which the to a past date, usually the date that informed decisions and manage your child support case to achieve the best Office of Child Support Enforcement the petition was filed. Retroactive support creates an immediate debt. outcomes for your children. (OCSE) seizes the financial assets, usually bank accounts, of a noncusto - dial parent who is delinquent in paying S child support. Sanction | Penalty for violation or Pro Rata Share | The portion of the lack of cooperation. At OCSE, refers to total amount that each parent must a reduction of benefits imposed on a pay for items included in the child cash assistance client for not cooperat - support order like child care or unreim - ing with child support requirements. bursed medical expenses. 2 35 Modification Petition | Formal Obligation Amount | The amount Child Support modification petition in court. OCSE written application to a court request - of child support that the noncustodial cannot make those changes for you. ing a change in an existing child parent is required to pay. & Family Court support order. Office of Child Support Paternity Money Judgment | Specific amount Enforcement (OCSE) | Division Many people think that Family Court of arrears set by the Support Magistrate, of the Human Resources Administra - and OCSE are part of the same agency. Paternity means fatherhood. Establish - in a formal judgment, which accrues 9% tion responsible for obtaining and That is not true. Each has different ing paternity refers to the legal identi - interest annually. A money judgment enforcing child support orders for functions in the child support process. may be filed with the County Clerk’s families living in New York City. fication of the biological father when Office. Order | Written signed direction The Office of Child Support Enforce - parents are not married to each other. of a Support Magistrate or Judge. ment (OCSE) is part of the New York Paternity can be established anytime City Human Resources Administration N Order of Filiation | Court order before the child turns 21. There are no National Medical Support Notice that establishes a legal father. (HRA), an agency of the City of New age restrictions for parents establish - (NMSN) | Notice sent to the noncus - York. OCSE is the first stop in the child ing paternity. Teen parents can estab - Order of Protection | Court direc - todial parent’s employer requiring that support process for custodial parents. lish paternity without their parents’ health insurance coverage be provided, tive that prohibits contact/communica - tions by one party to another party. Once an application for services is filed, consent or signatures. where available. OCSE starts the child support case. Order on Consent | Order agreed New Hire Reporting | Program OCSE establishes paternity through a Why You Should Establish to by both parties in an action. At a that requires all employers to report voluntary process, locates noncustodial Paternity newly hired employees to the New child support hearing, the parents may •To give your child benefits like: agree to an order amount that is parents, and serves summonses.
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