HANDBOOK for Noncustodial

Bill de Blasio

Steven Banks

NYCHRA HRA NYC NYCHRA

W-549c (E) Rev. 07/16

© Copyright 2016. The City of , Human Resources Administration/Department of Social Services. For permission to reproduce all or part of this material 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 is at or near which a ’s federal the 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 be made at the child support hearing. Support Act) | Federal 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 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 & 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 | 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, , 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 ‘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 Registry (PFR) | specific child. Record of 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 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, 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 , 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 , the father is the custodial parent and the is the noncusto - necessities according to the federal Respondent | Person who responds dial parent. In other families the , 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 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 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 | 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 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. After York State Directory of New Hires for health insurance, child support, possible enforcement of child support different from the Child Support the child support order has been estab - Standards Act guidelines. lished in court, OCSE monitors, collects, social security, military , and medical support obligations by pension, the right to inherit from wage deductions. and distributes the payments. When P you, and have access to your family Noncustodial Parent (NCP) | payments fall behind, OCSE has the Parent Locator Services | Comput - authority to enforce orders through medical history. Parent who does not live with and is •To have the father’s name on the not the primary caretaker of a minor erized network of state databases administrative means. child. used to locate respondents in child child’s birth certificate. support cases. Family Court is part of the New York •For the right to ask for visitation Notarize | To certify something, such Party | Person or organization State Unified Court System. The court’s or custody through Family Court. as a signature, on a legal document as role in child support is to process authentic or legitimate by affixing a directly involved in a legal matter. •For the right to be consulted about petitions, set hearing dates, establish stamp and signature. Pass-Through Payment | Cash decisions concerning the child’s orders of filiation (if paternity has not future if the custodial parent is Nunc Pro Tunc | Latin meaning assistance recipients with child been established through the volun - ‘now for then’ – it refers to changing support orders may receive up to $100 unable to care for the child. per month ($200 if there are two or tary process), establish new child the date of an order, judgment, or How to Establish Paternity filing of a document, back to an earlier more children receiving child support) support and medical support orders, date. of the support collected in the same and make changes to existing ones. VOLUNTARY ACKNOWLEDGMENT month that it is owed; also called When payments fall behind, a violation OF PATERNITY bonus payment or child support petition may be filed and the court O “disregard.” If both parents agree, they can sign an Objection | Written claim, disagree - may enforce the order through judicial Acknowledgment of Paternity (AOP) as ing with specific items in an order. Paternity | Legal determination of means. A request to either raise or soon as the baby is born. Acknowl edg - fatherhood. Paternity must be estab - Must be filed within 30 days of receipt lower the amount of a child support ing paternity in the hospital, when the of the order. lished before child support or medical support can be ordered. order must be made by filing a baby is born, means that the

34 3 father’s name will appear on the birth If you were younger than 18 years H Judgment | Official decision or certificate right away. Otherwise, that when you signed the AOP, you finding of a Judge or Support Magis - Hearing | Legal proceeding held trate. area of the birth certificate is left blank. must file by the earlier of in front a judge. The judge at a child After the baby goes home from the − 60 days after reaching age 18, or support hearing is called a Support Jurisdiction | The legal authority hospital, paternity can still be estab - − 60 days after having to answer Magistrate. which a court or administrative agency lished through the voluntary process any court petition about the child has over particular persons and over I certain types of cases, usually in a by contacting OCSE or the New York if you were advised of your right to Income | Any regular form of defined geographical area. City Department of Health and Mental cancel the AOP at a proceeding related to the child. payment to an individual, regardless Hygiene (DOHMH). If paternity is of source, including salaries, commis - L established after the baby has left the • After these time limits have passed, sions, bonuses, unemployment insur - hospital, the birth certificate will be the only way to challenge the ance, worker’s compensation, disabili - Legal Father | Man who is recog - ty, pension, or interest. Cash assistance nized by law as the male parent of a amended to include the father’s name Acknowledgment of Paternity in child. In order to be recognized as the and change the child’s last name, if court is to show proof of fraud, and SSI benefits are not considered income. legal father, paternity must be estab - requested. duress, or material mistake of fact. lished if the parents are not married Income Execution (IEX) | Adminis - • Parents do not have to sign the AOP Even then, the court could decide it to each other. is in the child’s best interest not to trative process by which a noncusto - at the same time. dial parent’s child support payments Lien | Claim upon property to order genetic tests. • Paternity can be established even are deducted directly from his/her prevent sale or transfer until a debt if you are in the military, in jail, wages or other income and sent to the is paid up. PATERNITY ESTABLISHMENT or out of the country. Child Support Collection Unit. May be IN COURT Locate | Process by which a noncus - • If you are not sure that you are the referred to as wage withholding, gar - todial parent is found, for the purpose father, do not sign the AOP form. It may be necessary to establish nishment, or payroll deductions. of establishing paternity and establish - Request a DNA test and wait for the paternity in court if: Intercept | Method of securing child ing and/or enforcing a child support results before making that decision. • Parents are unable to agree about support by taking a portion of non- obligation. signing the AOP form. wage payments made to a noncusto - Long Arm Jurisdiction | Legal CANCELING • The mother is still legally married dial parent. Non-wage payments provision that permits one state to THE ACKNOWLEDGMENT to someone else, even though she subject to interception include tax claim personal jurisdiction over refunds and lottery winnings. OF PATERNITY (AOP) knows that her husband is not the someone who lives in another state. Interstate Cases | Cases in which • Once the AOP is filed with the father of the child. Lottery Intercept | Process by • There is doubt about the identity of the dependent child and noncustodial which a noncustodial parent’s lottery DOHMH, it becomes a legal parent live in different states and the father and either parent refuses prize winnings are sent to the Office document. If you change your mind where two states are involved in some DNA testing. of Child Support Enforcement to satisfy about establishing paternity, you child support case activity, such as past-due support obligations. have to go to court to file a • You are in court for a child support establishment or enforcement. petition to cancel the AOP. hearing and paternity has not already been established. J M If you were 18 years or older when Job Center | Entry point for people Medical Assistance (Medicaid) you signed the AOP, you must file Either parent may file a petition to seeking cash assistance. Provides on- Only (MAO) | Form of public assis - by the earlier of establish paternity in court. You can go site access to job search, training, and tance that provides benefits to recipi - − 60 days after signing the AOP, or to court to file the petition or go online placement and benefits like Medicaid ents only in the form of medical, rather − 60 days after having to answer to New York State DIY (Do-It-Yourself) and Food Stamps. OCSE receives refer - than financial, assistance. any court petition about the child. Forms at www.nycourthelp.gov to fill rals from Job Centers for clients who Medical Support | Legal provision are required to cooperate with the for medical coverage to be included in child support program. a child support order.

4 33 taken up at a later date in court. For F out a paternity petition through an same day as the other parent; if you example, there is no summons service. Family Court Support Services interactive computer program. Once are under 18, the lab may require Dismissal with Prejudice | The (FCSS) | Division of OCSE that you download and sign the petition, you to have one of your parent s facts of a petition are found to have handles the intake of local non-cash you can bring it, or mail it, to Family accompany you. no merit and the case is absolutely assistance child support cases. Court. You will be given a hearing date • Results will be sent to you by mail dismissed from court. For example: Family Support Act | Law passed and instructions about what to do approximately 2 weeks after the lab DNA proves that the respondent is in 1988 that mandates immediate next. When paternity is established at receives all of the samples. not the biological father. wage withholding on child support a court hearing, an Order of Filiation is • If you are already paying court-ordered Disposable Income | Amount of orders and requires states to use issued and filed with the DOHMH. The child support and want a DNA test, income left over after taxes and guidelines to decide the amount of birth certificate will be amended to that request must be made in court. Medicare and FICA and pension plan support for each family. include the father’s name and change If a DNA test proves that you are not payment deductions are taken out. Federal Parent Locator Service the child’s last name, if that is requested. the biological father, the order will DNA Test | Analysis of inherited (FPLS) | Computerized national not be automatically terminated. A factors to determine if a particular man location network service that helps court hearing will be required and a states locate noncustodial parents by Once paternity is established, that is the child’s father; DNA samples are decision will be made that is in the taken from inside the cheek of the matching database information; FPLS information is forwarded to the New of the child. father, mother, and child using a can provide information helpful to York State Putative Father Registry specially designed swab. establishing custody, paternity, and (PFR), which keeps a record of legal child support and for adoption and Docket Number | Number assigned fathers for the State. The PFR may be issues. Going to Court by the court to identify the case. consulted in issues of inheritance, Financial Disclosure Affidavit | adoption or any other legal issues E Child support orders are legal Document given to both parties in a that require notifying a child’s father . EBT (Electronic Benefit Transfer) | child support case, requesting detailed documents that are established in Method by which the New York State financial, wage, and expense DNA TESTING court. Either parent may file a petition Office of Temporary & Assis - information; used by the court to • If there is any doubt about the in Family Court for a child support determine child support, medical tance (OTDA) delivers cash and food identity of the biological father, hearing. If the custodial parent and/or stamp benefits to recipients. Benefits support, childcare and other parts of are accessed using an ID card and PIN. the child support order. ask for a DNA test. Contact the birth child are applying for or receiving cash registrar in the hospital where the assistance, the Department of Social Emancipated | A child is not living Findings of Fact | Notes and cal cu - baby was born, or the OCSE Services (also known as the Human with his/her parents and has a source lations used by the Support Magistrate in Outreach and Paternity Services Resources Administration, HRA) will of income, or is in the military, or is establishing a child support order. married. Unit at 929-221-5008. If you are automatically file a petition on behalf going to court for a child support of the child. Custodial parents receiv - Enforcement | Application of remedies to obtain payment of a child G hearing, the Support Magistrate may ing cash assistance are required to or medical support obligation Garnish | Legal proceeding under order a DNA test if it is necessary. cooperate with child support in order contained in a child support order. which part of a person’s wages and/or • You will be referred to a state-certi - to get full benefits for their families. Examples of remedies include seizure assets is withheld for payment of a fied laboratory for low-cost DNA Custodial parents who do not comply of assets, suspension of driver’s debt like child support. testing. A swab is used to take DNA with child support requirements may license, denial of U.S. passport, etc. Good Cause | Legal reason for samples from inside the cheeks of have their cash benefits reduced by 25% Establishment | Process of proving which a cash assistance applicant or the baby and both parents; the test and lose Medicaid for themselves. paternity and/or obtaining a court order recipient is excused from cooperating is quick and painless. Custodial parents may be excused to put a child support obligation in place. with child support. • You do not have to go to the lab the from cooperating if there is “good

32 5 cause,” which usually means there is the New York State Child Support Change of Circumstances | noncustodial parent must pay and fear of . Guidelines to calculate the amount Unexpected change in noncustodial whether an employer must withhold parent’s financial situation due to support from their wages. For more information about child suppor t of the child support order. injury, illness, or sudden loss of CPI-U (Consumer Price Index for hearings, please see the online video at • Family Court is separate from Criminal employment which affects their ability http://www.youtube.com/watch?v=7G_ Court and information is not shared. Urban Areas) | Tracks the prices to pay their court-ordered child of items like food, clothing and 5uOvMCj4 • It is not necessary to have a lawyer support; grounds for filing a downward housing on an annual basis. Cost of modification in court. What You in Family Court but you may hire one Living Adjustments (COLA) are based if you wish. If the custodial parent Change of Payee | Allows for upon the yearly changes in the CPI-U. About the Court Hearing private child support payments to be • When a petition for paternity or child and/or child are receiving cash Custodial Parent (CP) | Parent, assistance, a lawyer will be there to sent to OCSE for processing, record relative, or guardian who lives with support is filed, you will receive a keeping, distribution, and enforcement. represent the Department of Social and is the primary caretaker of the summons, either by mail or in person . child or children. It will include the date, time, and Services. That’s because when cash Child Support Standards Act location of the hearing as well assistance is involved, the petition (CSSA) | Legislation passed in 1989 Custody | Legal determination that to make child support orders fair and establishes with whom the child shall a Financial Disclosure Affidavit for you requesting child support services is filed by the Department of Social consistent throughout New York State live: the mother, father, or other adult. to fill out, and a list of documents by standardizing the formula for calcu - Services, not the custodial parent. you should bring to the hearing . lating basic child support orders. • For useful information on the court Why You Should Show up COLA (Cost of Living Adjustment) | D process and guidance on how to at the Hearing Increase to a child support order, Decree | Judicial decision of a court. complete the forms, see the website • You are required to be present at without a court hearing. COLA is based Default Order | Child support order of Legal Information for Today: the hearing. If you are unable to be on changes in the Consumer Price issued when the noncustodial parent Index for Urban Areas (CPI-U), which www.liftonline.org. there, contact the court and ask that fails to provide sufficient information keeps track of day-to-day living expenses the date be changed. or fails to appear in court, and proof of • OCSE’s Cash Assistance Agreement like food, clothing, housing, etc. summons service has been provided. (CAAP) enables cash assis - • If you do not provide sufficient finan - Concurrent Jurisdiction | An order Delinquency | An amount of money tance families in all five boroughs cial information or fail to show up, the which allows more than one court to due on a child support case but not to establish paternity, child support Support Magistrate can still order you make decisions about and modify a paid. orders, and medical support orders to pay child support by issuing a de - child support order. This may happen Dependent | A child who is under at OCSE’s Customer Service Walk-in fault order. Since a default order is not with New York State Supreme Court and Family Court. the care of someone else. Most Center. Agreements are signed and based on your exact income, it may be children who are eligible for child forwarded to the Family Court for more than you can afford to pay. Consumer Credit Protection Act support are dependents. (CCPA) | Federal law that limits the approval, often without parents • Once a default order is issued, you Direct Pay Order | Child support having to appear in court. amount that may be withheld from can file a petition in court to have it earnings; it takes into consideration: order is payable directly from the • You will not be asked about your im - lowered. Until then, the amount of net income after mandatory taxes are noncustodial parent to the custodial migration status in court or at any other child support you owe will increase taken out, the amount of arrears parent. time during the child support process. if it is not paid and the order may owed, and whether an additional Disbursement | The paying out of family is being financially supported. • Bring as much information as you become eligible for strong enforce - collected child support funds to custo - ment actions. Court Order | Legally binding dial parents or to the Department of can about your income and expenses. Social Services if the client is receiving A Support Magistrate will listen to • If you think that you are not the document issued by a court of law. A court order related to child support will cash assistance. testimony from both parents, review father, go to the hearing and ask include how often, how much, how Dismissal without Prejudice | the information presented and use for a DNA test. long and what kind of support the Petition is dismissed now but may be

6 31 Glossary of Child Assignment of Support Rights | Person agrees to turn over to the State Support Terms any right to child support payments that accrue while in receipt of cash A assistance in exchange for cash assis - tance and other benefits. Absent Parent | Person who is absent from the home and is legally responsible for providing financial B support for a dependent child (also Basic Child Support Obligation | referred to as the noncustodial Amount of the child support order parent, nonresident parent, and based on a fixed percentage of respondent in court case). parental income, before medical support and expenses for child care, Accrual | Sum of child support and/or educational expenses are payments that are overdue. added on. Acknowledgment of Paternity Bonus Payment | Cash assistance (AOP) | Form that establishes the recipients with child support orders paternity (legal fatherhood) of a child may receive up to $100 per month through a voluntary process, without ($200 if there are two or more children going to court. It must be completed receiving child support) of the child and signed by both parents. support collected in the same month Additional Amount (also called that it is owed. (See also Pass-Through Add Amount) | Amount to be paid Payment .) by income execution in addition to the regular child support obligation in | Duty of a party to order to satisfy the delinquency on an produce the greater weight evidence account. on a point at issue. Adjournment | Temporary C postponement of the hearing until a specific date in the future. Cash Assistance | Government benefit providing financial support Administrative Process | Method for very low-income individuals and by which support orders are enforced families, administered in New York City by OCSE instead of by courts and by HRA (Human Resources Administra - judges. tion). Cash assistance is delivered to Affidavit | Written statement of fact clients electronically by EBT (Electronic made voluntarily under oath. Benefit Transfer). Allocated Child Support Order | Cash Undertaking | As the result of Order that lists each party of the order a court hearing, a noncustodial parent (children, spouse) with a specific may be ordered to pay a cash deposit amount assigned for each dependent. to OCSE’s Support Collection Unit of up to 3 years’ worth of child support Amend | Change to a legal document. payments. Payments can be taken out Arrears | Amount of child support of this deposit if the noncustodial that is overdue and unpaid. parent fails to pay support regularly.

30 Docket No: F-XXXXX-XX Documents You Will Need • Be prepared with a list of important 4-7 Name Social Security # Date of Birth Amount Bring as much of the following infor - things you want to say. children: mation as you can: • Speak when it is your turn; do not Child XX/XX/XXXX Notice Total Child Support: $XX.XX weekly • Document showing your name and speak directly to the custodial to inform ORDERED that the payor, custodial party and any other individual parties immediately notify the Support Collec - Agency social security number or ITIN (Individ - parent; be direct and to the point tion Unit of any changes in the following information: residential and mailing addresses, social security number, of any ual Taxpayer Identification Number) since time is limited. PART telephone number, driver’s license number; and name, address and telephone numbers of the parties’ employers change • Completed Financial Disclosure E and any change in health insurance benefits, including any termination of benefits, change in the health insurance in your How Much Child Support cont’d benefit carrier or premium, or extent and availability of existing or new benefits; and it is further residence, Affidavit that came with your You Can Expect to Pay ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law employment, summons etc. The New York State Child Support and Rules, or in any other manner provided by law; and it is further • Proof of address Standards Act (CSSA) sets the basic ORDERED that Noncustodial Parent pay additional expenses as follows: Expenses in addition to the • Name, address, and phone number Expense/Payee Payment Payable basic child support amount: child support amount at a fixed Unreimbursed Health Related/ of current or most recent employer Medical percentage of the parents’ income. Custodial Parent XX % Via SCU Child care • Health insurance card Child Care/ Using these percentages ensures that Education • Proof of income/benefits: Custodial Parent XX % Direct children benefit from the same − 3 most recent pay stubs IT IS FURTHER ORDERED that all payments payable through the Support Where to send payments until standard of living they would have if Collection Unit shall be mailed to: Support Collection Unit, PO Box 15363, they come through your job − W2 form their parents were living together. This Albany, NY 12212- 5363; − Letter from employer verifying PART per centage is used for all cases where IT IS FURTHER ORDERED that a copy of this order be provided promptly by the Support Collection Unit to Summary employment and salary F the New York State Case Registry of Child Support Orders established pursuant to Section 111-b(4-a) of the of court the parents’ combined income does Social Services Law; and it is further ORDERED that this is a $XX per week order of support from 10/8/04 − Copy of most recent tax return findings not exceed $143,000. For combined until it increased on1/28/05. with attachments income above $143,000, the Support NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST − Social security or other disability OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN Magistrate can choose whether or not benefits TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON to use the percentage guidelines, and THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON Cost of − Unemployment insurance benefits Living may consider other information in APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLEC - − Bank statements TION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE Adjustments setting the full support amount. COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING (COLA) • Proof of any other children or former TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON spouse being supported HOW THE AMOUNT OF THE RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE • Proof of household expenses, unpaid PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING ORDER IS CALCULATED THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT. bills, and loans The basic support amount is a percent - PART G (2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND age of your gross income minus NYC ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY- Presenting Yourself in Court FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT taxes, social security and Medicare FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF When you go to court, you want the deductions, and any child or spousal ADJUSTMENT FINDINGS. Support Magistrate to listen to what support actually paid to another family. (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COL - you have to say and make a fair It also depends on how many children 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 AMOUNT decision. If you want to be taken are involved. Income can be salary CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE seriously, you must be respectful of from a job, worker’s compensation, UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCUR - the court: RING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF WHETHER OR NOT disability payments, unemployment THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. • Arrive on time. Name benefits, social security payments, and Dated: October 4, 2004 ENTER • Wear appropriate clothing like a and seal many other forms of income. Cash of Support Family Court, Support Magistrate shirt with a collar and sleeves, and assistance and SSI are not considered Magistrate long pants. income. 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]:______

8 29 Sample of Child Support Order and a child support order for $115 per 1 child………… 17% week was established at a hearing on Family Court 2 children……… 25% F.C.A. §§ 413, 416, 433, 438, 4-7 11/2002 Form number and date of issue Decem ber 5, the noncustodial parent 439, 440,442-447, 471; Art.5-B, Act that 3 children……… 29% would start out already owing more govern the Court At a term of the Family Court of the State of New 4 children……… 31% than $1,000 in retroactive child PART court hearing York, held in and for the County of Richmond, at address A 100 Richmond Terrace, Staten Island, NY 10301, and the 5 or more………at least 35% support. on October 4, 2004 hearing date Child Support Order Amounts for PRESENT: Family Court, Support Magistrate For example , if you earn $35,000 a Child support case In the Matter of a Support Proceeding File #: XXXXX year after the deductions allowed by Low-Income Noncustodial Parents Docket #: F-XXXXX-XX and court identifying It is very important to show up at the CSMS #: XXXXXXXXX information CSSA, and have 1 child, the basic child PART Custodial Parent, SSN: XXX-XX-XXXX, support order amount will be approxi - hearing and bring your financial infor - Type of order B Petitioner, ORDER OF SUPPORT mately $115 per week. For two children mation, so the Support Magistrate can – against – Parties involved in the same family, the order would establish an order based on your income. increase to $168 per week. • If your yearly income is below the New Noncustodial Parent, SSN: XXX-XX-XXXX, Respondent. York State self-support reserve (SSR) In addition to the basic obligation ($16,038 for 2016), your child support NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIM - amount, the child support order must order may be established at $50 per INAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPEN - include medical support, which means SION OF YOUR DRIVER’S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND month. The SSR and the federal PART Filing health care costs for the child like healt h OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPO - an pover ty level change every year. C SITION OF REAL OR PERSONAL PROPERTY LIENS. objection insurance premiums, deductibles, and • If your yearly income is below the SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS co-payments; medical support costs OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER federal poverty level for one person WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER. are divided between the two parents, ($11,880 for 2016), your child support according to their income. Either The above-named Petitioner having filed a petition in this Court on June 22, 2004, alleging that Noncustodial order may be established at $25 per Parent is chargeable with the support of: parent may be required to enroll the month and the amount of arrears Name Date of Birth child in a health insurance plan, if it is Child’s Name XX/XX/XXXX you owe will be limited to $500. available through their jobs. Noncustodial Paren t having appeared before this Court to answer the petition, having been advised by the • If you have a low-paying job or no Court of the right to counsel, and to show why an order of support and other relief prayed for in the petition The insurance must be available at a job, the Support Magistrate may PART should not be granted; and Noncustodial Parent having admitted the allegations of the petition; and the matter refer you to the Support Through D having duly come on to be heard before this Court; reasonable cost to the employee and NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs the medical services must be available Employment Program (STEP). You and testimony offered in relation thereto, the Court finds that: Noncustodial Parent is the Noncustodial party, where the child lives. Reasonable will be referred to an organization whose pro rata share of the basic child support obligation is $XX.XX weekly for the following child: education and day care expenses for that will help you get a job. Once Name Child Date of Birth Social Security # the child may also be included in the you start making more money, the And the Court finds further that: The Noncustodial party’s pro rata share of the basic child support obligation amount of your child support order is neither unjust nor inappropriate; child support order. These expenses are Effective usually divided between the two may be increased at a court hearing. Noncustodial Parent is currently unemployed; Noncustodial parent’s employment status date of parents according to their income. NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs the child After the Hearing Is Over and testimony offered in relation thereto, it is support PART order The effective date of any child support • If a child support order is established, E ORDERED AND ADJUDGED that effective January 28, 2005, Noncustodial Parent is chargeable with the support of the following person(s) and is possessed of sufficient means and able to earn such means to provide (Your date order is the date that the petition was you will be given a payment instruc - will be the payment of the sum $XX.XX weekly to Custodial Paren t by certified check or money order payable to filed, not the date that the order was tion sheet, stating the amount of different) the Support Collection Unit, such payments to commence on January 28, 2005, for and toward the support of established in court. For example, if your child support order and how Noncustodial Parent’s children, allocated as follows: a petition was filed on October 1, The person who will receive the child support payments to start making payments. In most

28 9 Acknowledgment of Paternity cases, you will be given a copy of taken directly from other sources of the order on the same day as the income including pension, military LDSS-4418 (Rev. 1/14) Recorded District______hearing. If that isn’t possible, the allowance, social security, disability, New York State Office of Temporary and Disability Assistance Hospital Code (PFI Number) ______New York State Department of Health Register Number ______order may be mailed to you or you and unemployment insurance. Child Pursuant to Section 4135-b of Public Health Law may go back to court at a later date support payments cannot be taken ACKNOWLEDGMENT OF PATERNITY to request a copy. from cash assistance or SSI benefits. (Please type or print clearly in blue or black ink.) • Read your child support order, make If your child support order includes Check where signed: Hospital Child Support Office Birth Registrar Other First Middle sure you understand it, and keep a medical support, a notice will be sent name name

copy. If you disagree with the child to your employer to deduct the cost of D Last Sex Male Female Date of birth (MM/DD/YYYY) L name / / I

support order, you have 30 days from the health insurance benefits for your H Facility of birth City of birth County of birth C the date of the order to file a written child from your paycheck. If the child’s birth certificate was already filed and you wish to change the child’s last name, complete the following section : objection in court. A judge will review Last name on New • It may a take a few weeks from the original birth certificate last name the case record and decide if the We understand that signing this Acknowledgment of Paternity is voluntary and will establish paternity of our child and have the same force and effect time that the child support order is as an order of filiation determining paternity and entered after a court hearing including an obligation to provide support for our child. Except that order is correct or should be changed. only if this Acknowledgment of Paternity is filed with the Registrar where the birth certificate is filed will the Acknowledgment of Paternity have such established until payments are de - force and effect with respect to inheritance rights. We have received written and oral notice of our legal rights (including the timeframes to withdraw), A sample of a child support order is responsibilities, alternatives and the consequences of signing the Acknowledgment of Paternity, and we understand what the notice states. A copy of the ducted from your paycheck. Until written notice has been provided to us. We certify that the information we provide below is true. provided in the back of this booklet. then, you will be expected to make First Middle Last • After the order has been entered into name name name payments directly to OCSE. If you are Street address (/apt. number) the child support computer system, self-employed you will be expected City State Zip you will receive a letter in the mail to make payments directly to OCSE R Place of birth City State Country telling you how much you have to E on a regular basis. Send your pay - H Date of birth (MM/DD/YYYY) Social Security number pay and how payments are to be T / / - - ments by certified check or money A made. Read this letter carefully to F I hereby acknowledge that I am the biological father of the child named above. order to the New York State Child Signature Date (MM/DD/YYYY) make sure that all of the information Support Processing Unit, P.O. Box / / is accurate. Contact OCSE with any WITNESS SECTION Witness Signature Print Name Date (MM/DD/YYYY) 15363, Albany, NY 12212- 5363. In - (Witness cannot / / be related to corrections. clude your account number on your mother or father.) Witness Signature Print Name Date (MM/DD/YYYY) • You can go to childsupport.ny.gov, / / check. You may also make payments First Middle Last login, and see the status of your electronically. Refer to the New York name name name Maiden name (last name only) account, including information about State website (childsupport.ny.gov) Street address (house/apt. number) payments. for details. Credit card payments can also be made at the OCSE Customer City State Zip R Paying Your Child Service Walk-In Center (151 West E Place of birth City State Country H Broadway, 4th floor, in Manhattan). T Date of birth (MM/DD/YYYY) / / Social Security number - - Support Order O

M I hereby consent to the Acknowledgment of Paternity for my child named above, and acknowledge that the man named • It is important that payments are 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 How Payments Are Made made on time. If payments fall or when the child was born OR, I state that I have subsequently married the child’s biological father. You are responsible for paying your behind and your payments come Signature Date (MM/DD/YYYY) / / WITNESS SECTION Witness Signature Print Name Date (MM/DD/YYYY) child support order. If you are working, directly from your job or other source (Witness cannot / / a notice will be sent to your employer of income, your regular deductions be related to Witness Signature Print Name Date (MM/DD/YYYY) mother or father.) / / with instructions for taking child may be increased by an additional For Official Use Only support payments from your salary The above Acknowledgment of Paternity is hereby filed with the ______registrar on _____/_____/_____. 50% until your account is paid up 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 - and sending the money to OCSE. to date, and you may be subject to ment matches. There are no omissions or apparent errors that render it unacceptable for amending the birth record. This document is therefore approved. ______/_____/_____ Child support payments can also be other enforcement measures. State Registrar/Deputy City Registrar Signature MM/DD/YYYY

10 27

For example , if your child support Noncustodial Parents). Otherwise, CALL New York State Division of Child order is $115 per week and you owe you must go back to the Family New York State Child Support Support Enforcement (DCSE), back child support, you will be charged Court where the order was estab - Customer Service Helpline View your account information* an addi tional amount of $57.50 (50% lished and file a petition for a 888-208-4485 childsupport.ny.gov of $115) for a total of $172.50 per week downward modification. New York State Unified Court System until your account is paid up to date. TTY (Hearing Impaired) Responsibility of Your Employer 866-875-9975 courts.state.ny.us Hardship Review Your employer is required by law to Speak to a Representative • If your payments are temporarily take out court-ordered payments for WRITE Monday – Friday, 8 am – 7 pm increased by an additional 50% child support and medical support New York City Office of Child Automated Account information* above your regular order, New York from your salary. Payroll deductions for Support Enforcement 24 hours/7 days State ensures that paying this child support and medical support are P.O. Box 830 the same for everyone and employers additional amount does not create VISIT Canal Street Station a hardship by leaving your income are aware of this process. Your employ - New York, NY 10013 below the annual self-support er cannot fire you, charge you a fee, New York City Office of Child Support reserve, which is $16,038 for 2016. or discriminate against you in any way Enforcement (OCSE) SEND PAYMENTS Customer Service Walk-In Center For example, if your child support because of child support deductions. New York State Child Support 151 West Broadway, 4th floor order is $300 per month, the add If your employer has questions, assis - Processing Center New York, NY 10013 amount will be $150, for a total of tance is available by calling the New P.O. Box 15363 $450 per month. If that extra $150 York State Child Support Helpline at Monday – Friday, 8 am – 7 pm Albany, NY 12212-5363 reduces your annual income below 888-208-4485, and, after selecting the BRING A PHOTO ID the self-support reserve, you should language, choosing option 2 (Employ - visit the OCSE Customer Service ers and Income Providers). WEBSITES Walk-in Center and request a The Federal Consumer Credit Protec - New York City Office of Child Support Hardship Review. tion Act (FCCPA) limits the amount Enforcement (OCSE) *To get updated account information, • Some, or all, of the additional $150 that your employer can take from your NYC.gov/hra/ocse you will need your social security amount may be removed if you can paycheck. The maximum amount that number and PIN (Personal Identifica - prove a hardship, but the child can be taken is a percentage of your Information about events and tion Number). NCPs who need a PIN support order will not change. disposable income (amount left after programs for fathers or do not remember their PIN may In some cases the Customer Service federal, State, local taxes, social secu - NYC.gov/NYCDADS request one by phone or mail. worker may be able to permanently rity and Medicare deductions are taken Call 1-888-208-4485 and speak to lower your child support order and/or out). The percentage depends on how a representative or mail a signed, arrears (see section called Debt much you owe and the number of written request including your full Reduction Programs for Low-Income child support orders you have. name, address, social security View child support videos number, and child support account Federal Consumer Credit Protection Act (FCCPA) Limitations on Withholdings for Support youtube.com/hranyc number to: Attention: PIN 50% - support a 2nd family; no arrears or less than 12 weeks in arrears New York City Office of Financial NYS Child Support Processing Center 55% - support a 2nd family; more than 12 weeks in arrears Empowerment, free financial counsel - P.O. Box 15365 60% - single family; no arrears or less than 12 weeks in arrears ing and education NYC.gov/ofe Albany, NY 12212-5365 65% - single family; more than 12 weeks in arrears

12 25 Once the current order is terminated, BRONX For example: you may still owe child support to Bronx County Family Court Noncustodial parent has 1 child support order (not supporting a 2nd family) either the custodial parent or the 900 Sheridan Avenue, LM floor • Child support order is $200 per week Department of Social Services, if you Bronx, NY 10451 • No arrears were not up to date on your payments • Disposable income is $300 per week and owe arrears. The order will 718-590-3924/3432 • Maximum that can be taken out is $180 per week ($300 x 60%) continue until the child support debt BROOKLYN In this case, the noncustodial parent should speak to his or her employer about is paid off. Kings County Family Court lowering the child support payroll deduction because the amount being taken out 330 Jay Street, 12th floor is over the FCCPA limit. At the same time, the noncustodial parent should go Information Brooklyn, NY 11201 back to the Family Court where the child support order was established and file a petition for a downward modification. That’s because even if the employer takes & Resources 718-246-7962/68 out less from the paycheck, the child support order amount will not change. Any for Noncustodial MANHATTAN change to the order must be made in the Family Court where it was established. Parents New York County Family Court 60 Lafayette Street, 1st floor NYCDADS New York, NY 10013 New York City has implemented a Help Getting a Job New Yorkers who subscribe to the 212-385-8218/19 citywide fatherhood initiative dedicat - If you can’t afford to pay child support service, mainly recipients of public ed to strengthening families by helping because you are unemployed or have a assistance. The speed of electronic QUEENS fathers become more active in the lives job that doesn’t pay enough, there are delivery means that TXT-2-Work of their children. Participating agencies Queens County Family Court programs that can help: subscribers can read about and apply provide workshops, adult 151-20 Jamaica Avenue, 4th floor • Support Through Employment for a job within 24 hours of the education and job training, among Queens, NY 11432 Program (STEP) is a court based opportunity opening. Sign up by program. To participate in STEP, the texting the word JOBS to 877877 other services. For more information 718-725-3148/49 about services and activities for fathers Support Magistrate must give you or filling in the online form at and their children visit the website: STATEN ISLAND a referral at the time of your child http://home.nyc.gov/html/hra/ support hearing. Before leaving businesslink/html/contact/ nyc.gov/NYCDADS Richmond County Family Court Court, you will meet with an OCSE text_2_Work.shtml. 100 Richmond Terrace, basement worker who will assign you to a • Workforce1 is a service provided Family Court Locations Staten Island, NY 10301 If you want to establish paternity or a community-based organization that by the NYC Department of Small 718-720-2906 child support order, go to the Family will help you get a job. Your participa - Business Services; it prepares and Court located in the borough where tion and progress in STEP will be connects qualified candidates to jobs. you live to file a petition. If you already Child Support Information/ reported back to the court and will Services are delivered through have a child support order and are Case Assistance effect decisions the Support Magis - a network of Workforce1 Career going to court to request a modifica - If you have questions about the child trate makes about your child support Centers located throughout the City’s tion, return to the court where you had support program, need assistance with order. five boroughs and are available for your hearing unless there has been a your child support case, or need to pro - • TXT-2-Work is a voluntary job search New Yorkers age 18 and older. For change and you are told to go to a vide additional information to OCSE like aid that sends up-to-date job posting more information and Workforce1 different location. a new employer or change of address: information and job search and locations visit their website resume writing tips to low-income www.nyc.gov/workforce1.

24 13 Filing for Bankruptcy • Clothing, diapers, and other things Filing for bankruptcy does not wipe you give to the custodial parent for out the obligation to pay current and the child are considered gifts. They past due child support. Child support do not count as payment for child debt has priority over all other credi - support. tors. If you already have a child support order, payroll deductions will Where the continue and most enforcement actions can still take place, if applica - Payments Go ble. If you do not have a child support order, one can still be established, • If the custodial parent and/or child regardless of your bankruptcy status. are receiving cash assistance, the family is entitled to keep up to the You Move or Change Jobs first $100 ($200 for 2 or more You are required by law to inform children) of current child support OCSE if you move so that we can stay collected each month. This is called a in contact with you about your case. pass-through or bonus payment and If you change jobs, let us know so we is in addition to cash benefits. The can notify your new employer to start pass-through payment cannot be taking child support payments out of more than we collect and cannot be your paycheck. Any break in payments more than the amount of the order. will result in unpaid child support and Anything collected above the bonus can make you eligible for strong payment is used to pay back the enforcement measures. Department of Social Services (DSS) for benefits received. Giving Money or Gifts • When the family goes off cash assis - to the Custodial Parent tance, the child support order contin - •Once you have a child support order ues unless the custodial parent payable to OCSE, you cannot give requests to have it closed. All of the payments directly to the custodial money collected for current support parent. Payments given to the custo - goes directly to the custodial parent. dial parent will not be credited to In some cases, OCSE will still keep your child support account and you past due support owed from the time may owe child support debt. when the family was getting cash •Custodial parents who are receiv - assistance. ing cash assistance benefits are • If the custodial parent has never considered to have committed received cash assistance, all payments welfare fraud if they accept direct are forwarded to him or her. child support payments and do not • Child support payments may be used report those payments to HRA. for any expense related to the child’s

14 of payments) toward future child Employment Program), a work referral well-being. In addition to things like mediation. It is an opportunity for both support. Payments can be taken out program that helps noncustodial par - school, clothing, and medical and parents to work out an agreement that of this deposit if the noncustodial ents get jobs so that they can pay dental expenses, child support can become a court order. If an agree - parent fails to pay support regularly. child support. payments may be used by the custo - ment cannot be reached, the parents Also called Cash Bond or Cash REFERRAL FOR CRIMINAL dial parent for household expenses must return to court and the Undertaking. PROSECUTION like rent and food – anything that judge/referee will make the necessary • ARREST/INCARCERATION : The court OCSE can request criminal prosecution contributes to the child’s quality of decisions. may issue an arrest warrant if the of an NCP by the Attor - life. Remember, the cost of raising a Mediation services are also available noncustodial parent fails to appear ney’s Office or the local District Attor - child is very high. For single-parent without going to court. Parents may in court for a violation hearing or ney’s Office when willful non-payment families making under $56,870 contact the following organizations falls seriously behind in child support of child support has been established, before taxes, the estimated cost for directly for free or low-cost mediation payments. In certain cases of willful significant arrears are owed, and other raising a newborn to two-year-old services: non-payment of child support, the enforcement actions have failed. child is $7,330 per year. noncustodial parent may go to jail • NEW YORK PEACE INSTITUTE: 212-577-1740, 718-834-6671 for up to six months. Willful non- Terminating Custody payment means that the noncustodi - & Visitation • CENTER FOR MEDIATION & TRAINING: al parent can afford to pay child the Child Support 212-799-4302 support but chooses not to, or inten - Order • COMMUNITY MEDIATION SERVICES: Custody and visitation are not tionally avoids employment, or trans - 718-523-6868 fers money in order to avoid paying. discussed at the child support hearing In New York State, you will have to • PARENT HELP: • SUSPENSION OF STATE-ISSUED and are not included in the child pay child support until the child 800-716-3468 – federally funded PROFESSIONAL, BUSINESS, AND support order. But they are emotional reaches age 21, unless the court program offering a free and confi - OCCUPATIONAL LICENSES : Family issues for parents. Even if you are not orders something different. Orders can dential telephone helpline to moth - Court may recommend to the appro - seeing your child, you are still legally be extended past age 21 for education ers and fathers living apart. priate licensing board that noncusto - responsible for paying court-ordered or medical reasons. Orders may be dial parents who owe an amount of child support. If the custodial parent terminated by Family Court sooner child support equal to or more than won’t let you see your child, or you Noncustodial under certain circumstances. four months of current support have cannot agree on other parenting Parent Earned their state-issued licenses suspend - AN ORDER MAY BE TERMINATED issues, consider mediation. Mediation ed. Examples of occupations that BEFORE THE CHILD REACHES AGE 21 can help you resolve your differences Income Tax Credit must be registered or licensed by IF ANY OF THE FOLLOWING HAPPENS: and help you improve your relationship New York State include security • CHILD BECOMES EMANCIPATED with the other parent. You may be eligible for a New York State Noncustodial Parent Earned guards, barbers , physical therapists, The child moves out and becomes Either parent may file a petition in Income Tax Credit if you meet all of lawyers, and doctors. self-supporting, gets married, or Family Court for a custody/visitation the conditions listed below. To get this joins the military. hearing to establish custody of the credit, you must file a New York State PARTICIPATION IN A WORK • YOU GET CUSTODY OF THE CHILD child or enforce visitation rights. tax return and include tax form IT-209. PROGRAM (STEP) In that case, the other parent may be These issues will be discussed at a When a noncustodial parent is unem - ordered to pay child support to you. different hearing, separate from the • Be a NY State resident for the entire ployed or has a low-paying job, the • YOU MOVE IN and form one house - child support case. At the hearing, the year Support Magistrate may order him or hold with the custodial parent and judge/referee may refer the parents for • Be at least 18 years old her participate in STEP (Support Through child.

22 15 • Have a social security number that is immediately go back to the court Reporting Agencies (CRAs) when be denied, or a temporary six-month valid for work (Individual Taxpayer where you had your last child support they owe at least $1,000 in child license will be granted, if the applicant Identification Number [ITIN} cannot hearing and file a petition for a support or are two months behind owes back child support equal to at be used) downward modification. You may also in payments, whichever happens first. least four months of current child • Have a minor child who does not live go online to NYS DIY (Do-It-Yourself) This referral will create a negative support. Examples of New York City with you Forms at www.nycourthelp.gov and fill entry on the parent’s credit report, licensing agencies include the Depart - • Have a child support order that is out a support modification petition. making it difficult, or more costly, to ment of Consumer Affairs, the Taxi and payable to the New York State OCSE Once you download the completed get a credit card, mortgage or other Limousine Commission, and the Fire Support Collection Unit petition and sign it, you can bring it, type of loan. Department, among others. Applicants • Be up to date on payments for the or mail it, to Family Court. You will be may pay what they owe or enter into entire tax year given a hearing date and instructions REFERRAL TO THE NEW YORK an agreement with OCSE in order to • Do not have more than $3,400 in about what to do next. The custodial STATE DIVISION OF TAXATION have their license applications investment income (savings, stocks, parent will need to be notified to AND FINANCE approved. If you are having problems bonds, etc.) appear in court. OCSE can help you Cases are referred to the NY State getting a NYC professional license • Have a maximum yearly gross serve the summons. Department of Taxation and Finance because of an outstanding child income of $39,131 (tax year 2015). for identification and seizure of assets support debt, visit OCSE's Customer For child support orders established on This figure changes every year; refer if the amount owed is more than four Service Walk-in Center at 151 West or after October 12, 2010, there are to nyc.gov for the annual gross months of the current child support Broadway between 8 am and 7 pm, additional reasons for modification. income value. order, is at least $500, and no child Monday to Friday, for assistance. You can request a modification if any support payments have been received of the following apply to your case: in the last 45 days from payroll Judicial Enforcement Actions Changing Your • Three years have passed since the deductions. If you are receiving SSI or VIOLATION PETITION Child Support order was entered, last modified, cash assistance, you will be exempt When administrative enforcement Order & Debt Owed or adjusted. from this process. methods do not result in child support • There has been a change in either DENIAL OF NEW AND RENEWED collections, a violation petition may be filed by the custodial parent or OCSE Requesting a Modification parent’s gross income by 15% or PASSPORTS (for families receiving cash assistance) in Court more since the order was entered, Noncustodial parents are notified in in Family Court. A violation hearing Your child support order is based on last modified, or adjusted. Any advance that their child support debt may result any of the following: information available at the time of decrease in income must be involun - is being reported to the State Depart - • MONEY JUDGMENT : Child support the hearing. Either parent may file a tary and the parent claiming decreased ment (a federal agency). The State arrears are fixed, by the court, at a petition in Family Court to modify income must have tried to find work Department will deny an application for specific amount that accumulates 9% (change) the amount of the child that would be appropriate to his or a new or renewed passport if at least interest annually until it is paid off. support order if there is a substantial her education, ability and experience. $2,500 is owed in child support. The • LIEN :A lien may be placed on the change in circumstances or the needs • Incarcerated individuals may file a passport will not be issued until the child noncustodial parent’s property requiring of the child are not being met. If your modification petition due to a support debt is resolved with OCSE . that the child support debt be paid income changes (no longer doing substantial change in circumstances DENIAL OR GRANTING OF before the property can be sold or overtime, lose your job and go on as long as their incarceration is not TEMPORARY NYC PROFESSIONAL transferred. unemployment, receiving disability, due to non-payment of child support LICENSES • CASH DEPOSIT : The noncustodial etc.) and you can no longer afford to or an offense against the custodial Applications for new and renewed parent may be required to deposit pay the child support order, you should parent or child. New York City professional licenses will money (up to three years’ worth

16 21 when they go to claim their prize if payroll deductions. Noncustodial When the Oldest Child Turns 21 prices of items like food, clothing, any or all of it is being taken for child parents receiving SSI or cash assis - If there is more than one child listed housing, transportation, fuel and support arrears. An official letter will tance are exempt from having their on the same child support order, the medical expenses. follow in the mail. driver’s license suspended. If you obli gation amount may be allocated. • COLA may be added to a child receive a letter that your license is This means that a specific amount is as - support order when the yearly PROPERTY EXECUTION (PEX) going to be suspended, you may signed to each dependent child. increases in the CPI-U add up to at Your bank accounts (savings, checking, prevent it from happening by doing When the oldest child turns 21, OCSE least 10% from the date the order money market, Certificate of Deposit, any of the following: will automatically reduce the child sup - was established or last modified. IRAs) and other financial assets may • Pay all that is owed. port order by the amount allocated for It takes approximately 4 years to be and seized to pay OCSE if • Prove income is below the New York that child. If the order is not allocated, reach the required 10% increase in you owe at least two months current State self-support reserve ($16,038 the noncustodial parent must file a pe - the CPI-U. child support and have arrears of at for 2016). tition in court for a downward modifi - least $300. • Provide employment information so cation when the oldest child turns 21. • You will be notified before a COLA • If you are paying current child your employer can take payments If your order was established outside is added to your order and have an support through salary deductions, directly from your salary. of New York State, the emancipation opportunity to object to it. If you ob - your bank account will be frozen if • Enter into a payment agreement date may not be 21. ject to the COLA, a modification the balance is $3,000 or more. with OCSE to pay the court ordered hearing will be scheduled in Family What Happens at the • If you are not paying current child amount plus an additional 50% to - Court to review the amount of your Modification Hearing support payments through salary wards arrears. Arrears included in order. The Support Magistrate will Once you file a modification petition deductions, your bank account will driver’s license payment agreements decide if the order should be changed, in Family Court, a hearing will be be frozen if the balance is at least $25. accrue interest at 9% a year because or remain the same, based on the scheduled where you will have an • If the funds in your bank account they are considered money judgments , New York State Child Support Stan - opportunity to present your current come from SSI, cash assistance, which are registered in court. dards Act guidelines. income and expenses. The Support Administration disability • In certain situations, which will be Magistrate will review the information from military service, child support listed on the notice you receive, you Debt Reduction Programs in accordance with the New York State or , they cannot be seized by may be able to file a challenge to the for Low-Income Noncustodial Child Support Standards Act guidelines Parents (NCPs) OCSE. driver’s license suspension. If the and decide if the order should be OCSE has programs that can reduce • In the case of a joint bank challenge is denied by OCSE, an changed. Any change to the amount of child support orders and/or debt account, some banks will release all objection to the denial may be filed the order will only go back to the date (arrears) owed to the Department of of the funds requested by OCSE. in Family Court. A judge will decide the petition was filed in court, not the Social Services (DSS). An order may be Other banks may require a written if the suspension should remain or date that the circumstances actually owed to DSS when the custodial state ment signed by both parties to be removed. changed. parent and child are current or past release half of the account balance • If suspension takes place, a restricted recipients of cash assistance. for child support arrears. driver’s license may be requested Cost of Living Adjustment from the Department of Motor • OCSE may increase a child support MODIFY DSS ORDER (MDO) helps DRIVER’S LICENSE SUSPENSION Vehicles to allow you to drive to and order with a Cost of Living Adjustment low-income NCPs who have child Driver’s licenses are suspended if the from your job. (COLA) when the case becomes eligi - support orders that are not based on amount owed in child support is equal ble, without going to court. their current income. If your financial to or greater than four months of the CREDIT BUREAU REPORTING • COLA is based on yearly changes in situation has changed since the order current child support order amount Names of noncustodial parents the Consumer Price Index for Urban was established, or you did not and payments are not coming in by are submitted to major Consumer Areas (CPI-U), which tracks the present your financial information

20 17 in court, MDO can lower your order • Make full payments on current child Falling Behind TAX REFUND OFFSET without going to Family Court. support for an entire year. on Payments If you are expecting a federal or state TO QUALIFY : • Qualified NCPs will receive a credit income tax refund, it may be sent to • Current child support order with at of $5,000 per year, for up to three OCSE instead to pay off past due child least one child on cash assistance years, toward child support arrears OCSE keeps track of how much child support. • Income below the New York State owed to DSS. support is collected and how much is • State tax refund offset will take self-support reserve ($16,038 for owed. It is our job to see that pay - place if at least $50 is owed. To find out if you qualify for one 2016) or ments are received regularly and on • Federal tax refund offset will take or more of these debt reduction • Receiving cash assistance, SSI, or time. If you fall behind with your child place once the amount owed reaches programs, visit: Medicaid support payments, there are a num - $500 ($150 if the custodial parent OCSE Customer Service Walk-in Center ber of enforcement actions that may and child receive cash assistance). ARREARS CAP can lower the accumu - 151 West Broadway, 4th floor take place. Before any enforcement • The tax offset list is made up the year lated child support debt you owe to New York, NY 10013 action can take place, you will receive before the refund is taken. If you no the government (DSS) down to $500, Monday – Friday, 8 am – 7 pm a notice in the mail explaining how longer owe the money by the time without going to Family Court. to prevent the action from happening the tax refund is taken, a refund will POVERTY LEVEL FOR ARREARS CAP TO QUALIFY : and how to file a challenge or mistake be issued to you once OCSE receives • Must owe arrears to DSS; not FEDERAL of fact. If you are receiving cash assis - the money from the IRS or New York required to have current or active YEAR POVERTY LEVEL tance or SSI, you will be exempt from State Department of Taxation and child support order. 1997 $7,890 certain enforcement actions. Finance. That can take six to eight weeks from the time that you are • Arrears must have built up while 1998 $8,050 A case may be eligible for multiple notified that your tax refund is being income was below the federal 1999 $8,240 enforcement actions at the same sent to OCSE. poverty level (see chart at right). 2000 $8,350 time. OCSE has the authority to en - • If a joint tax return has been filed, the If you do not have proof of past 2001 $8,590 force child support orders through spouse with no financial responsibility income (tax returns, pay stubs), administrative/automated processes, 2002 $8,860 for the child may file an Injured Spouse request a wage statement from the without going back to court. If these 2003 $8,890 form with the IRS and/or the NY State Social Security Administration. methods do not work, the case may 2004 $9,310 Department of Taxation and Finance be referred to Family Court for judicial 2005 $9,570 to request his/her portion of the refund. ARREARS CREDIT PROGRAM (ACP) enforcement actions. can reduce the amount of arrears owed 2005 $9,800 OCSE will hold the IRS refund for 6 2007 $10,210 to DSS by $5,000 a year for up to three Administrative/Automated months to give the injured spouse a years, without going to court. However, 2008 $10,400 Enforcement Actions chance to file a claim for a portion of arrears (debt) must be owed to DSS. 2009 $10,830 the tax refund. After 6 months, all of ADD AMOUNT 2010 $10,830 the refund will be credited to the ACP is available to NCPs who have Your child support payments may be 2011 $10,890 noncustodial parent’s account. current child support orders and temporarily increased by 50% above 2012 $11,170 NCPs who only owe arrears. Current the regular order amount, any time LOTTERY PRIZE INTERCEPT orders may be payable to either DSS 2013 $11,490 payments fall behind. On a new order, If you win $600 or more in the New or the custodial parent. 2014 $11,670 this may happen immediately because York State lottery and owe at least TO QUALIFY : 2015 $11,770 child support is owed back to the date $50 in back child support, the prize • There are no income requirements 2016 $11,880 that the petition was filed in court, not money may be paid to OCSE. Parents to qualify for ACP. the date of the hearing. owing child support will be informed

18 19 in court, MDO can lower your order • Make full payments on current child Falling Behind TAX REFUND OFFSET without going to Family Court. support for an entire year. on Payments If you are expecting a federal or state TO QUALIFY : • Qualified NCPs will receive a credit income tax refund, it may be sent to • Current child support order with at of $5,000 per year, for up to three OCSE instead to pay off past due child least one child on cash assistance years, toward child support arrears OCSE keeps track of how much child support. • Income below the New York State owed to DSS. support is collected and how much is • State tax refund offset will take self-support reserve ($16,038 for owed. It is our job to see that pay - place if at least $50 is owed. To find out if you qualify for one 2016) or ments are received regularly and on • Federal tax refund offset will take or more of these debt reduction • Receiving cash assistance, SSI, or time. If you fall behind with your child place once the amount owed reaches programs, visit: Medicaid support payments, there are a num - $500 ($150 if the custodial parent OCSE Customer Service Walk-in Center ber of enforcement actions that may and child receive cash assistance). ARREARS CAP can lower the accumu - 151 West Broadway, 4th floor take place. Before any enforcement • The tax offset list is made up the year lated child support debt you owe to New York, NY 10013 action can take place, you will receive before the refund is taken. If you no the government (DSS) down to $500, Monday – Friday, 8 am – 7 pm a notice in the mail explaining how longer owe the money by the time without going to Family Court. to prevent the action from happening the tax refund is taken, a refund will POVERTY LEVEL FOR ARREARS CAP TO QUALIFY : and how to file a challenge or mistake be issued to you once OCSE receives • Must owe arrears to DSS; not FEDERAL of fact. If you are receiving cash assis - the money from the IRS or New York required to have current or active YEAR POVERTY LEVEL tance or SSI, you will be exempt from State Department of Taxation and child support order. 1997 $7,890 certain enforcement actions. Finance. That can take six to eight weeks from the time that you are • Arrears must have built up while 1998 $8,050 A case may be eligible for multiple notified that your tax refund is being income was below the federal 1999 $8,240 enforcement actions at the same sent to OCSE. poverty level (see chart at right). 2000 $8,350 time. OCSE has the authority to en - • If a joint tax return has been filed, the If you do not have proof of past 2001 $8,590 force child support orders through spouse with no financial responsibility income (tax returns, pay stubs), administrative/automated processes, 2002 $8,860 for the child may file an Injured Spouse request a wage statement from the without going back to court. If these 2003 $8,890 form with the IRS and/or the NY State Social Security Administration. methods do not work, the case may 2004 $9,310 Department of Taxation and Finance be referred to Family Court for judicial 2005 $9,570 to request his/her portion of the refund. ARREARS CREDIT PROGRAM (ACP) enforcement actions. can reduce the amount of arrears owed 2005 $9,800 OCSE will hold the IRS refund for 6 2007 $10,210 to DSS by $5,000 a year for up to three Administrative/Automated months to give the injured spouse a years, without going to court. However, 2008 $10,400 Enforcement Actions chance to file a claim for a portion of arrears (debt) must be owed to DSS. 2009 $10,830 the tax refund. After 6 months, all of ADD AMOUNT 2010 $10,830 the refund will be credited to the ACP is available to NCPs who have Your child support payments may be 2011 $10,890 noncustodial parent’s account. current child support orders and temporarily increased by 50% above 2012 $11,170 NCPs who only owe arrears. Current the regular order amount, any time LOTTERY PRIZE INTERCEPT orders may be payable to either DSS 2013 $11,490 payments fall behind. On a new order, If you win $600 or more in the New or the custodial parent. 2014 $11,670 this may happen immediately because York State lottery and owe at least TO QUALIFY : 2015 $11,770 child support is owed back to the date $50 in back child support, the prize • There are no income requirements 2016 $11,880 that the petition was filed in court, not money may be paid to OCSE. Parents to qualify for ACP. the date of the hearing. owing child support will be informed

18 19 when they go to claim their prize if payroll deductions. Noncustodial When the Oldest Child Turns 21 prices of items like food, clothing, any or all of it is being taken for child parents receiving SSI or cash assis - If there is more than one child listed housing, transportation, fuel and support arrears. An official letter will tance are exempt from having their on the same child support order, the medical expenses. follow in the mail. driver’s license suspended. If you obli gation amount may be allocated. • COLA may be added to a child receive a letter that your license is This means that a specific amount is as - support order when the yearly PROPERTY EXECUTION (PEX) going to be suspended, you may signed to each dependent child. increases in the CPI-U add up to at Your bank accounts (savings, checking, prevent it from happening by doing When the oldest child turns 21, OCSE least 10% from the date the order money market, Certificate of Deposit, any of the following: will automatically reduce the child sup - was established or last modified. IRAs) and other financial assets may • Pay all that is owed. port order by the amount allocated for It takes approximately 4 years to be frozen and seized to pay OCSE if • Prove income is below the New York that child. If the order is not allocated, reach the required 10% increase in you owe at least two months current State self-support reserve ($16,038 the noncustodial parent must file a pe - the CPI-U. child support and have arrears of at for 2016). tition in court for a downward modifi - least $300. • Provide employment information so cation when the oldest child turns 21. • You will be notified before a COLA • If you are paying current child your employer can take payments If your order was established outside is added to your order and have an support through salary deductions, directly from your salary. of New York State, the emancipation opportunity to object to it. If you ob - your bank account will be frozen if • Enter into a payment agreement date may not be 21. ject to the COLA, a modification the balance is $3,000 or more. with OCSE to pay the court ordered hearing will be scheduled in Family What Happens at the • If you are not paying current child amount plus an additional 50% to - Court to review the amount of your Modification Hearing support payments through salary wards arrears. Arrears included in order. The Support Magistrate will Once you file a modification petition deductions, your bank account will driver’s license payment agreements decide if the order should be changed, in Family Court, a hearing will be be frozen if the balance is at least $25. accrue interest at 9% a year because or remain the same, based on the scheduled where you will have an • If the funds in your bank account they are considered money judgments , New York State Child Support Stan - opportunity to present your current come from SSI, cash assistance, which are registered in court. dards Act guidelines. income and expenses. The Support Veterans Administration disability • In certain situations, which will be Magistrate will review the information from military service, child support listed on the notice you receive, you Debt Reduction Programs in accordance with the New York State or alimony, they cannot be seized by may be able to file a challenge to the for Low-Income Noncustodial Child Support Standards Act guidelines Parents (NCPs) OCSE. driver’s license suspension. If the and decide if the order should be OCSE has programs that can reduce • In the case of a joint bank challenge is denied by OCSE, an changed. Any change to the amount of child support orders and/or debt account, some banks will release all objection to the denial may be filed the order will only go back to the date (arrears) owed to the Department of of the funds requested by OCSE. in Family Court. A judge will decide the petition was filed in court, not the Social Services (DSS). An order may be Other banks may require a written if the suspension should remain or date that the circumstances actually owed to DSS when the custodial state ment signed by both parties to be removed. changed. parent and child are current or past release half of the account balance • If suspension takes place, a restricted recipients of cash assistance. for child support arrears. driver’s license may be requested Cost of Living Adjustment from the Department of Motor • OCSE may increase a child support MODIFY DSS ORDER (MDO) helps DRIVER’S LICENSE SUSPENSION Vehicles to allow you to drive to and order with a Cost of Living Adjustment low-income NCPs who have child Driver’s licenses are suspended if the from your job. (COLA) when the case becomes eligi - support orders that are not based on amount owed in child support is equal ble, without going to court. their current income. If your financial to or greater than four months of the CREDIT BUREAU REPORTING • COLA is based on yearly changes in situation has changed since the order current child support order amount Names of noncustodial parents the Consumer Price Index for Urban was established, or you did not and payments are not coming in by are submitted to major Consumer Areas (CPI-U), which tracks the present your financial information

20 17 • Have a social security number that is immediately go back to the court Reporting Agencies (CRAs) when be denied, or a temporary six-month valid for work (Individual Taxpayer where you had your last child support they owe at least $1,000 in child license will be granted, if the applicant Identification Number [ITIN} cannot hearing and file a petition for a support or are two months behind owes back child support equal to at be used) downward modification. You may also in payments, whichever happens first. least four months of current child • Have a minor child who does not live go online to NYS DIY (Do-It-Yourself) This referral will create a negative support. Examples of New York City with you Forms at www.nycourthelp.gov and fill entry on the parent’s credit report, licensing agencies include the Depart - • Have a child support order that is out a support modification petition. making it difficult, or more costly, to ment of Consumer Affairs, the Taxi and payable to the New York State OCSE Once you download the completed get a credit card, mortgage or other Limousine Commission, and the Fire Support Collection Unit petition and sign it, you can bring it, type of loan. Department, among others. Applicants • Be up to date on payments for the or mail it, to Family Court. You will be may pay what they owe or enter into entire tax year given a hearing date and instructions REFERRAL TO THE NEW YORK an agreement with OCSE in order to • Do not have more than $3,400 in about what to do next. The custodial STATE DIVISION OF TAXATION have their license applications investment income (savings, stocks, parent will need to be notified to AND FINANCE approved. If you are having problems bonds, etc.) appear in court. OCSE can help you Cases are referred to the NY State getting a NYC professional license • Have a maximum yearly gross serve the summons. Department of Taxation and Finance because of an outstanding child income of $39,131 (tax year 2015). for identification and seizure of assets support debt, visit OCSE's Customer For child support orders established on This figure changes every year; refer if the amount owed is more than four Service Walk-in Center at 151 West or after October 12, 2010, there are to nyc.gov for the annual gross months of the current child support Broadway between 8 am and 7 pm, additional reasons for modification. income value. order, is at least $500, and no child Monday to Friday, for assistance. You can request a modification if any support payments have been received of the following apply to your case: in the last 45 days from payroll Judicial Enforcement Actions Changing Your • Three years have passed since the deductions. If you are receiving SSI or VIOLATION PETITION Child Support order was entered, last modified, cash assistance, you will be exempt When administrative enforcement Order & Debt Owed or adjusted. from this process. methods do not result in child support • There has been a change in either DENIAL OF NEW AND RENEWED collections, a violation petition may be filed by the custodial parent or OCSE Requesting a Modification parent’s gross income by 15% or PASSPORTS (for families receiving cash assistance) in Court more since the order was entered, Noncustodial parents are notified in in Family Court. A violation hearing Your child support order is based on last modified, or adjusted. Any advance that their child support debt may result any of the following: information available at the time of decrease in income must be involun - is being reported to the State Depart - • MONEY JUDGMENT : Child support the hearing. Either parent may file a tary and the parent claiming decreased ment (a federal agency). The State arrears are fixed, by the court, at a petition in Family Court to modify income must have tried to find work Department will deny an application for specific amount that accumulates 9% (change) the amount of the child that would be appropriate to his or a new or renewed passport if at least interest annually until it is paid off. support order if there is a substantial her education, ability and experience. $2,500 is owed in child support. The • LIEN :A lien may be placed on the change in circumstances or the needs • Incarcerated individuals may file a passport will not be issued until the child noncustodial parent’s property requiring of the child are not being met. If your modification petition due to a support debt is resolved with OCSE . that the child support debt be paid income changes (no longer doing substantial change in circumstances DENIAL OR GRANTING OF before the property can be sold or overtime, lose your job and go on as long as their incarceration is not TEMPORARY NYC PROFESSIONAL transferred. unemployment, receiving disability, due to non-payment of child support LICENSES • CASH DEPOSIT : The noncustodial etc.) and you can no longer afford to or an offense against the custodial Applications for new and renewed parent may be required to deposit pay the child support order, you should parent or child. New York City professional licenses will money (up to three years’ worth

16 21 of payments) toward future child Employment Program), a work referral well-being. In addition to things like mediation. It is an opportunity for both support. Payments can be taken out program that helps noncustodial par - school, clothing, and medical and parents to work out an agreement that of this deposit if the noncustodial ents get jobs so that they can pay dental expenses, child support can become a court order. If an agree - parent fails to pay support regularly. child support. payments may be used by the custo - ment cannot be reached, the parents Also called Cash Bond or Cash REFERRAL FOR CRIMINAL dial parent for household expenses must return to court and the Undertaking. PROSECUTION like rent and food – anything that judge/referee will make the necessary • ARREST/INCARCERATION : The court OCSE can request criminal prosecution contributes to the child’s quality of decisions. may issue an arrest warrant if the of an NCP by the United States Attor - life. Remember, the cost of raising a Mediation services are also available noncustodial parent fails to appear ney’s Office or the local District Attor - child is very high. For single-parent without going to court. Parents may in court for a violation hearing or ney’s Office when willful non-payment families making under $56,870 contact the following organizations falls seriously behind in child support of child support has been established, before taxes, the estimated cost for directly for free or low-cost mediation payments. In certain cases of willful significant arrears are owed, and other raising a newborn to two-year-old services: non-payment of child support, the enforcement actions have failed. child is $7,330 per year. noncustodial parent may go to jail • NEW YORK PEACE INSTITUTE: 212-577-1740, 718-834-6671 for up to six months. Willful non- Terminating Custody payment means that the noncustodi - & Visitation • CENTER FOR MEDIATION & TRAINING: al parent can afford to pay child the Child Support 212-799-4302 support but chooses not to, or inten - Order • COMMUNITY MEDIATION SERVICES: Custody and visitation are not tionally avoids employment, or trans - 718-523-6868 fers money in order to avoid paying. discussed at the child support hearing In New York State, you will have to • PARENT HELP: • SUSPENSION OF STATE-ISSUED and are not included in the child pay child support until the child 800-716-3468 – federally funded PROFESSIONAL, BUSINESS, AND support order. But they are emotional reaches age 21, unless the court program offering a free and confi - OCCUPATIONAL LICENSES : Family issues for parents. Even if you are not orders something different. Orders can dential telephone helpline to moth - Court may recommend to the appro - seeing your child, you are still legally be extended past age 21 for education ers and fathers living apart. priate licensing board that noncusto - responsible for paying court-ordered or medical reasons. Orders may be dial parents who owe an amount of child support. If the custodial parent terminated by Family Court sooner child support equal to or more than won’t let you see your child, or you Noncustodial under certain circumstances. four months of current support have cannot agree on other parenting Parent Earned their state-issued licenses suspend - AN ORDER MAY BE TERMINATED issues, consider mediation. Mediation ed. Examples of occupations that BEFORE THE CHILD REACHES AGE 21 can help you resolve your differences Income Tax Credit must be registered or licensed by IF ANY OF THE FOLLOWING HAPPENS: and help you improve your relationship New York State include security • CHILD BECOMES EMANCIPATED with the other parent. You may be eligible for a New York State Noncustodial Parent Earned guards, barbers , physical therapists, The child moves out and becomes Either parent may file a petition in Income Tax Credit if you meet all of lawyers, and doctors. self-supporting, gets married, or Family Court for a custody/visitation the conditions listed below. To get this joins the military. hearing to establish custody of the credit, you must file a New York State PARTICIPATION IN A WORK • YOU GET CUSTODY OF THE CHILD child or enforce visitation rights. tax return and include tax form IT-209. PROGRAM (STEP) In that case, the other parent may be These issues will be discussed at a When a noncustodial parent is unem - ordered to pay child support to you. different hearing, separate from the • Be a NY State resident for the entire ployed or has a low-paying job, the • YOU MOVE IN and form one house - child support case. At the hearing, the year Support Magistrate may order him or hold with the custodial parent and judge/referee may refer the parents for • Be at least 18 years old her participate in STEP (Support Through child.

22 15 Filing for Bankruptcy • Clothing, diapers, and other things Filing for bankruptcy does not wipe you give to the custodial parent for out the obligation to pay current and the child are considered gifts. They past due child support. Child support do not count as payment for child debt has priority over all other credi - support. tors. If you already have a child support order, payroll deductions will Where the continue and most enforcement actions can still take place, if applica - Payments Go ble. If you do not have a child support order, one can still be established, • If the custodial parent and/or child regardless of your bankruptcy status. are receiving cash assistance, the family is entitled to keep up to the You Move or Change Jobs first $100 ($200 for 2 or more You are required by law to inform children) of current child support OCSE if you move so that we can stay collected each month. This is called a in contact with you about your case. pass-through or bonus payment and If you change jobs, let us know so we is in addition to cash benefits. The can notify your new employer to start pass-through payment cannot be taking child support payments out of more than we collect and cannot be your paycheck. Any break in payments more than the amount of the order. will result in unpaid child support and Anything collected above the bonus can make you eligible for strong payment is used to pay back the enforcement measures. Department of Social Services (DSS) for benefits received. Giving Money or Gifts • When the family goes off cash assis - to the Custodial Parent tance, the child support order contin - •Once you have a child support order ues unless the custodial parent payable to OCSE, you cannot give requests to have it closed. All of the payments directly to the custodial money collected for current support parent. Payments given to the custo - goes directly to the custodial parent. dial parent will not be credited to In some cases, OCSE will still keep your child support account and you past due support owed from the time may owe child support debt. when the family was getting cash •Custodial parents who are receiv - assistance. ing cash assistance benefits are • If the custodial parent has never considered to have committed received cash assistance, all payments welfare fraud if they accept direct are forwarded to him or her. child support payments and do not • Child support payments may be used report those payments to HRA. for any expense related to the child’s

14 For example , if your child support Noncustodial Parents). Otherwise, CALL New York State Division of Child order is $115 per week and you owe you must go back to the Family New York State Child Support Support Enforcement (DCSE), back child support, you will be charged Court where the order was estab - Customer Service Helpline View your account information* an addi tional amount of $57.50 (50% lished and file a petition for a 888-208-4485 childsupport.ny.gov of $115) for a total of $172.50 per week downward modification. New York State Unified Court System until your account is paid up to date. TTY (Hearing Impaired) Responsibility of Your Employer 866-875-9975 courts.state.ny.us Hardship Review Your employer is required by law to Speak to a Representative • If your payments are temporarily take out court-ordered payments for WRITE Monday – Friday, 8 am – 7 pm increased by an additional 50% child support and medical support New York City Office of Child Automated Account information* above your regular order, New York from your salary. Payroll deductions for Support Enforcement 24 hours/7 days State ensures that paying this child support and medical support are P.O. Box 830 the same for everyone and employers additional amount does not create VISIT Canal Street Station a hardship by leaving your income are aware of this process. Your employ - New York, NY 10013 below the annual self-support er cannot fire you, charge you a fee, New York City Office of Child Support reserve, which is $16,038 for 2016. or discriminate against you in any way Enforcement (OCSE) SEND PAYMENTS Customer Service Walk-In Center For example, if your child support because of child support deductions. New York State Child Support 151 West Broadway, 4th floor order is $300 per month, the add If your employer has questions, assis - Processing Center New York, NY 10013 amount will be $150, for a total of tance is available by calling the New P.O. Box 15363 $450 per month. If that extra $150 York State Child Support Helpline at Monday – Friday, 8 am – 7 pm Albany, NY 12212-5363 reduces your annual income below 888-208-4485, and, after selecting the BRING A PHOTO ID the self-support reserve, you should language, choosing option 2 (Employ - visit the OCSE Customer Service ers and Income Providers). WEBSITES Walk-in Center and request a The Federal Consumer Credit Protec - New York City Office of Child Support Hardship Review. tion Act (FCCPA) limits the amount Enforcement (OCSE) *To get updated account information, • Some, or all, of the additional $150 that your employer can take from your NYC.gov/hra/ocse you will need your social security amount may be removed if you can paycheck. The maximum amount that number and PIN (Personal Identifica - prove a hardship, but the child can be taken is a percentage of your Information about events and tion Number). NCPs who need a PIN support order will not change. disposable income (amount left after programs for fathers or do not remember their PIN may In some cases the Customer Service federal, State, local taxes, social secu - NYC.gov/NYCDADS request one by phone or mail. worker may be able to permanently rity and Medicare deductions are taken Call 1-888-208-4485 and speak to lower your child support order and/or out). The percentage depends on how a representative or mail a signed, arrears (see section called Debt much you owe and the number of written request including your full Reduction Programs for Low-Income child support orders you have. name, address, social security View child support videos number, and child support account Federal Consumer Credit Protection Act (FCCPA) Limitations on Withholdings for Support youtube.com/hranyc number to: Attention: PIN 50% - support a 2nd family; no arrears or less than 12 weeks in arrears New York City Office of Financial NYS Child Support Processing Center 55% - support a 2nd family; more than 12 weeks in arrears Empowerment, free financial counsel - P.O. Box 15365 60% - single family; no arrears or less than 12 weeks in arrears ing and education NYC.gov/ofe Albany, NY 12212-5365 65% - single family; more than 12 weeks in arrears

12 25

Acknowledgment of Paternity cases, you will be given a copy of taken directly from other sources of the order on the same day as the income including pension, military LDSS-4418 (Rev. 1/14) Recorded District______hearing. If that isn’t possible, the allowance, social security, disability, New York State Office of Temporary and Disability Assistance Hospital Code (PFI Number) ______New York State Department of Health Register Number ______order may be mailed to you or you and unemployment insurance. Child Pursuant to Section 4135-b of Public Health Law may go back to court at a later date support payments cannot be taken ACKNOWLEDGMENT OF PATERNITY to request a copy. from cash assistance or SSI benefits. (Please type or print clearly in blue or black ink.) • Read your child support order, make If your child support order includes Check where signed: Hospital Child Support Office Birth Registrar Other First Middle sure you understand it, and keep a medical support, a notice will be sent name name

copy. If you disagree with the child to your employer to deduct the cost of D Last Sex Male Female Date of birth (MM/DD/YYYY) L name / / I

support order, you have 30 days from the health insurance benefits for your H Facility of birth City of birth County of birth C the date of the order to file a written child from your paycheck. If the child’s birth certificate was already filed and you wish to change the child’s last name, complete the following section : objection in court. A judge will review Last name on New • It may a take a few weeks from the original birth certificate last name the case record and decide if the We understand that signing this Acknowledgment of Paternity is voluntary and will establish paternity of our child and have the same force and effect time that the child support order is as an order of filiation determining paternity and entered after a court hearing including an obligation to provide support for our child. Except that order is correct or should be changed. only if this Acknowledgment of Paternity is filed with the Registrar where the birth certificate is filed will the Acknowledgment of Paternity have such established until payments are de - force and effect with respect to inheritance rights. We have received written and oral notice of our legal rights (including the timeframes to withdraw), A sample of a child support order is responsibilities, alternatives and the consequences of signing the Acknowledgment of Paternity, and we understand what the notice states. A copy of the ducted from your paycheck. Until written notice has been provided to us. We certify that the information we provide below is true. provided in the back of this booklet. then, you will be expected to make First Middle Last • After the order has been entered into name name name payments directly to OCSE. If you are Street address (house/apt. number) the child support computer system, self-employed you will be expected City State Zip you will receive a letter in the mail to make payments directly to OCSE R Place of birth City State Country telling you how much you have to E on a regular basis. Send your pay - H Date of birth (MM/DD/YYYY) Social Security number pay and how payments are to be T / / - - ments by certified check or money A made. Read this letter carefully to F I hereby acknowledge that I am the biological father of the child named above. order to the New York State Child Signature Date (MM/DD/YYYY) make sure that all of the information Support Processing Unit, P.O. Box / / is accurate. Contact OCSE with any WITNESS SECTION Witness Signature Print Name Date (MM/DD/YYYY) 15363, Albany, NY 12212- 5363. In - (Witness cannot / / be related to corrections. clude your account number on your mother or father.) Witness Signature Print Name Date (MM/DD/YYYY) • You can go to childsupport.ny.gov, / / check. You may also make payments First Middle Last login, and see the status of your electronically. Refer to the New York name name name Maiden name (last name only) account, including information about State website (childsupport.ny.gov) Street address (house/apt. number) payments. for details. Credit card payments can also be made at the OCSE Customer City State Zip R Paying Your Child Service Walk-In Center (151 West E Place of birth City State Country H Broadway, 4th floor, in Manhattan). T Date of birth (MM/DD/YYYY) / / Social Security number - - Support Order O

M I hereby consent to the Acknowledgment of Paternity for my child named above, and acknowledge that the man named • It is important that payments are 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 How Payments Are Made made on time. If payments fall or when the child was born OR, I state that I have subsequently married the child’s biological father. You are responsible for paying your behind and your payments come Signature Date (MM/DD/YYYY) / / WITNESS SECTION Witness Signature Print Name Date (MM/DD/YYYY) child support order. If you are working, directly from your job or other source (Witness cannot / / a notice will be sent to your employer of income, your regular deductions be related to Witness Signature Print Name Date (MM/DD/YYYY) mother or father.) / / with instructions for taking child may be increased by an additional For Official Use Only support payments from your salary The above Acknowledgment of Paternity is hereby filed with the ______registrar on _____/_____/_____. 50% until your account is paid up 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 - and sending the money to OCSE. to date, and you may be subject to ment matches. There are no omissions or apparent errors that render it unacceptable for amending the birth record. This document is therefore approved. ______/_____/_____ Child support payments can also be other enforcement measures. State Registrar/Deputy City Registrar Signature MM/DD/YYYY

10 27 Docket No: F-XXXXX-XX Documents You Will Need • Be prepared with a list of important 4-7 Name Social Security # Date of Birth Amount Bring as much of the following infor - things you want to say. children: mation as you can: • Speak when it is your turn; do not Child XX/XX/XXXX Notice Total Child Support: $XX.XX weekly • Document showing your name and speak directly to the custodial to inform ORDERED that the payor, custodial party and any other individual parties immediately notify the Support Collec - Agency social security number or ITIN (Individ - parent; be direct and to the point tion Unit of any changes in the following information: residential and mailing addresses, social security number, of any ual Taxpayer Identification Number) since time is limited. PART telephone number, driver’s license number; and name, address and telephone numbers of the parties’ employers change • Completed Financial Disclosure E and any change in health insurance benefits, including any termination of benefits, change in the health insurance in your How Much Child Support cont’d benefit carrier or premium, or extent and availability of existing or new benefits; and it is further residence, Affidavit that came with your You Can Expect to Pay ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law employment, summons etc. The New York State Child Support and Rules, or in any other manner provided by law; and it is further • Proof of address Standards Act (CSSA) sets the basic ORDERED that Noncustodial Parent pay additional expenses as follows: Expenses in addition to the • Name, address, and phone number Expense/Payee Payment Payable basic child support amount: child support amount at a fixed Unreimbursed Health Related/ of current or most recent employer Medical percentage of the parents’ income. Custodial Parent XX % Via SCU Child care • Health insurance card Child Care/ Using these percentages ensures that Education • Proof of income/benefits: Custodial Parent XX % Direct children benefit from the same − 3 most recent pay stubs IT IS FURTHER ORDERED that all payments payable through the Support Where to send payments until standard of living they would have if Collection Unit shall be mailed to: Support Collection Unit, PO Box 15363, they come through your job − W2 form their parents were living together. This Albany, NY 12212- 5363; − Letter from employer verifying PART per centage is used for all cases where IT IS FURTHER ORDERED that a copy of this order be provided promptly by the Support Collection Unit to Summary employment and salary F the New York State Case Registry of Child Support Orders established pursuant to Section 111-b(4-a) of the of court the parents’ combined income does Social Services Law; and it is further ORDERED that this is a $XX per week order of support from 10/8/04 − Copy of most recent tax return findings not exceed $143,000. For combined until it increased on1/28/05. with attachments income above $143,000, the Support NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST − Social security or other disability OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN Magistrate can choose whether or not benefits TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON to use the percentage guidelines, and THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON Cost of − Unemployment insurance benefits Living may consider other information in APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLEC - − Bank statements TION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE Adjustments setting the full support amount. COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING (COLA) • Proof of any other children or former TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON spouse being supported HOW THE AMOUNT OF THE RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE • Proof of household expenses, unpaid PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING ORDER IS CALCULATED THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT. bills, and loans The basic support amount is a percent - PART G (2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND age of your gross income minus NYC ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY- Presenting Yourself in Court FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT taxes, social security and Medicare FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF When you go to court, you want the deductions, and any child or spousal ADJUSTMENT FINDINGS. Support Magistrate to listen to what support actually paid to another family. (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COL - you have to say and make a fair It also depends on how many children 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 AMOUNT decision. If you want to be taken are involved. Income can be salary CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE seriously, you must be respectful of from a job, worker’s compensation, UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCUR - the court: RING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF WHETHER OR NOT disability payments, unemployment THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. • Arrive on time. Name benefits, social security payments, and Dated: October 4, 2004 ENTER • Wear appropriate clothing like a and seal many other forms of income. Cash of Support Family Court, Support Magistrate shirt with a collar and sleeves, and assistance and SSI are not considered Magistrate long pants. income. 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]:______

8 29 Sample of Child Support Order and a child support order for $115 per 1 child………… 17% week was established at a hearing on Family Court 2 children……… 25% F.C.A. §§ 413, 416, 433, 438, 4-7 11/2002 Form number and date of issue Decem ber 5, the noncustodial parent 439, 440,442-447, 471; Art.5-B, Act laws that 3 children……… 29% would start out already owing more govern the Court At a term of the Family Court of the State of New 4 children……… 31% than $1,000 in retroactive child PART court hearing York, held in and for the County of Richmond, at address A 100 Richmond Terrace, Staten Island, NY 10301, and the 5 or more………at least 35% support. on October 4, 2004 hearing date Child Support Order Amounts for PRESENT: Family Court, Support Magistrate For example , if you earn $35,000 a Child support case In the Matter of a Support Proceeding File #: XXXXX year after the deductions allowed by Low-Income Noncustodial Parents Docket #: F-XXXXX-XX and court identifying It is very important to show up at the CSMS #: XXXXXXXXX information CSSA, and have 1 child, the basic child PART Custodial Parent, SSN: XXX-XX-XXXX, support order amount will be approxi - hearing and bring your financial infor - Type of order B Petitioner, ORDER OF SUPPORT mately $115 per week. For two children mation, so the Support Magistrate can – against – Parties involved in the same family, the order would establish an order based on your income. increase to $168 per week. • If your yearly income is below the New Noncustodial Parent, SSN: XXX-XX-XXXX, Respondent. York State self-support reserve (SSR) In addition to the basic obligation ($16,038 for 2016), your child support NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIM - amount, the child support order must order may be established at $50 per INAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPEN - include medical support, which means SION OF YOUR DRIVER’S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND month. The SSR and the federal PART Filing health care costs for the child like healt h OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPO - an pover ty level change every year. C SITION OF REAL OR PERSONAL PROPERTY LIENS. objection insurance premiums, deductibles, and • If your yearly income is below the SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS co-payments; medical support costs OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER federal poverty level for one person WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER. are divided between the two parents, ($11,880 for 2016), your child support according to their income. Either The above-named Petitioner having filed a petition in this Court on June 22, 2004, alleging that Noncustodial order may be established at $25 per Parent is chargeable with the support of: parent may be required to enroll the month and the amount of arrears Name Date of Birth child in a health insurance plan, if it is Child’s Name XX/XX/XXXX you owe will be limited to $500. available through their jobs. Noncustodial Paren t having appeared before this Court to answer the petition, having been advised by the • If you have a low-paying job or no Court of the right to counsel, and to show why an order of support and other relief prayed for in the petition The insurance must be available at a job, the Support Magistrate may PART should not be granted; and Noncustodial Parent having admitted the allegations of the petition; and the matter refer you to the Support Through D having duly come on to be heard before this Court; reasonable cost to the employee and NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs the medical services must be available Employment Program (STEP). You and testimony offered in relation thereto, the Court finds that: Noncustodial Parent is the Noncustodial party, where the child lives. Reasonable will be referred to an organization whose pro rata share of the basic child support obligation is $XX.XX weekly for the following child: education and day care expenses for that will help you get a job. Once Name Child Date of Birth Social Security # the child may also be included in the you start making more money, the And the Court finds further that: The Noncustodial party’s pro rata share of the basic child support obligation amount of your child support order is neither unjust nor inappropriate; child support order. These expenses are Effective usually divided between the two may be increased at a court hearing. Noncustodial Parent is currently unemployed; Noncustodial parent’s employment status date of parents according to their income. NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs the child After the Hearing Is Over and testimony offered in relation thereto, it is support PART order The effective date of any child support • If a child support order is established, E ORDERED AND ADJUDGED that effective January 28, 2005, Noncustodial Parent is chargeable with the support of the following person(s) and is possessed of sufficient means and able to earn such means to provide (Your date order is the date that the petition was you will be given a payment instruc - will be the payment of the sum $XX.XX weekly to Custodial Paren t by certified check or money order payable to filed, not the date that the order was tion sheet, stating the amount of different) the Support Collection Unit, such payments to commence on January 28, 2005, for and toward the support of established in court. For example, if your child support order and how Noncustodial Parent’s children, allocated as follows: a petition was filed on October 1, The person who will receive the child support payments to start making payments. In most

28 9 Glossary of Child Assignment of Support Rights | Person agrees to turn over to the State Support Terms any right to child support payments that accrue while in receipt of cash A assistance in exchange for cash assis - tance and other benefits. Absent Parent | Person who is absent from the home and is legally responsible for providing financial B support for a dependent child (also Basic Child Support Obligation | referred to as the noncustodial Amount of the child support order parent, nonresident parent, and based on a fixed percentage of respondent in court case). parental income, before medical support and expenses for child care, Accrual | Sum of child support and/or educational expenses are payments that are overdue. added on. Acknowledgment of Paternity Bonus Payment | Cash assistance (AOP) | Form that establishes the recipients with child support orders paternity (legal fatherhood) of a child may receive up to $100 per month through a voluntary process, without ($200 if there are two or more children going to court. It must be completed receiving child support) of the child and signed by both parents. support collected in the same month Additional Amount (also called that it is owed. (See also Pass-Through Add Amount) | Amount to be paid Payment .) by income execution in addition to the regular child support obligation in Burden of Proof | Duty of a party to order to satisfy the delinquency on an produce the greater weight evidence account. on a point at issue. Adjournment | Temporary C postponement of the hearing until a specific date in the future. Cash Assistance | Government benefit providing financial support Administrative Process | Method for very low-income individuals and by which support orders are enforced families, administered in New York City by OCSE instead of by courts and by HRA (Human Resources Administra - judges. tion). Cash assistance is delivered to Affidavit | Written statement of fact clients electronically by EBT (Electronic made voluntarily under oath. Benefit Transfer). Allocated Child Support Order | Cash Undertaking | As the result of Order that lists each party of the order a court hearing, a noncustodial parent (children, spouse) with a specific may be ordered to pay a cash deposit amount assigned for each dependent. to OCSE’s Support Collection Unit of up to 3 years’ worth of child support Amend | Change to a legal document. payments. Payments can be taken out Arrears | Amount of child support of this deposit if the noncustodial that is overdue and unpaid. parent fails to pay support regularly.

30 cause,” which usually means there is the New York State Child Support Change of Circumstances | noncustodial parent must pay and fear of domestic violence. Guidelines to calculate the amount Unexpected change in noncustodial whether an employer must withhold parent’s financial situation due to support from their wages. For more information about child suppor t of the child support order. injury, illness, or sudden loss of CPI-U (Consumer Price Index for hearings, please see the online video at • Family Court is separate from Criminal employment which affects their ability http://www.youtube.com/watch?v=7G_ Court and information is not shared. Urban Areas) | Tracks the prices to pay their court-ordered child of items like food, clothing and 5uOvMCj4 • It is not necessary to have a lawyer support; grounds for filing a downward housing on an annual basis. Cost of modification in court. What You Need to Know in Family Court but you may hire one Living Adjustments (COLA) are based if you wish. If the custodial parent Change of Payee | Allows for upon the yearly changes in the CPI-U. About the Court Hearing private child support payments to be • When a petition for paternity or child and/or child are receiving cash Custodial Parent (CP) | Parent, assistance, a lawyer will be there to sent to OCSE for processing, record relative, or guardian who lives with support is filed, you will receive a keeping, distribution, and enforcement. represent the Department of Social and is the primary caretaker of the summons, either by mail or in person . child or children. It will include the date, time, and Services. That’s because when cash Child Support Standards Act location of the hearing as well assistance is involved, the petition (CSSA) | Legislation passed in 1989 Custody | Legal determination that to make child support orders fair and establishes with whom the child shall a Financial Disclosure Affidavit for you requesting child support services is filed by the Department of Social consistent throughout New York State live: the mother, father, or other adult. to fill out, and a list of documents by standardizing the formula for calcu - Services, not the custodial parent. you should bring to the hearing . lating basic child support orders. • For useful information on the court Why You Should Show up COLA (Cost of Living Adjustment) | D process and guidance on how to at the Hearing Increase to a child support order, Decree | Judicial decision of a court. complete the forms, see the website • You are required to be present at without a court hearing. COLA is based Default Order | Child support order of Legal Information for Today: the hearing. If you are unable to be on changes in the Consumer Price issued when the noncustodial parent Index for Urban Areas (CPI-U), which www.liftonline.org. there, contact the court and ask that fails to provide sufficient information keeps track of day-to-day living expenses the date be changed. or fails to appear in court, and proof of • OCSE’s Cash Assistance Agreement like food, clothing, housing, etc. summons service has been provided. Pilot (CAAP) enables cash assis - • If you do not provide sufficient finan - Concurrent Jurisdiction | An order Delinquency | An amount of money tance families in all five boroughs cial information or fail to show up, the which allows more than one court to due on a child support case but not to establish paternity, child support Support Magistrate can still order you make decisions about and modify a paid. orders, and medical support orders to pay child support by issuing a de - child support order. This may happen Dependent | A child who is under at OCSE’s Customer Service Walk-in fault order. Since a default order is not with New York State Supreme Court and Family Court. the care of someone else. Most Center. Agreements are signed and based on your exact income, it may be children who are eligible for child forwarded to the Family Court for more than you can afford to pay. Consumer Credit Protection Act support are dependents. (CCPA) | Federal law that limits the approval, often without parents • Once a default order is issued, you Direct Pay Order | Child support having to appear in court. amount that may be withheld from can file a petition in court to have it earnings; it takes into consideration: order is payable directly from the • You will not be asked about your im - lowered. Until then, the amount of net income after mandatory taxes are noncustodial parent to the custodial migration status in court or at any other child support you owe will increase taken out, the amount of arrears parent. time during the child support process. if it is not paid and the order may owed, and whether an additional Disbursement | The paying out of family is being financially supported. • Bring as much information as you become eligible for strong enforce - collected child support funds to custo - ment actions. Court Order | Legally binding dial parents or to the Department of can about your income and expenses. Social Services if the client is receiving A Support Magistrate will listen to • If you think that you are not the document issued by a court of law. A court order related to child support will cash assistance. testimony from both parents, review father, go to the hearing and ask include how often, how much, how Dismissal without Prejudice | the information presented and use for a DNA test. long and what kind of support the Petition is dismissed now but may be

6 31 taken up at a later date in court. For F out a paternity petition through an same day as the other parent; if you example, there is no summons service. Family Court Support Services interactive computer program. Once are under 18, the lab may require Dismissal with Prejudice | The (FCSS) | Division of OCSE that you download and sign the petition, you to have one of your parent s facts of a petition are found to have handles the intake of local non-cash you can bring it, or mail it, to Family accompany you. no merit and the case is absolutely assistance child support cases. Court. You will be given a hearing date • Results will be sent to you by mail dismissed from court. For example: Family Support Act | Law passed and instructions about what to do approximately 2 weeks after the lab DNA proves that the respondent is in 1988 that mandates immediate next. When paternity is established at receives all of the samples. not the biological father. wage withholding on child support a court hearing, an Order of Filiation is • If you are already paying court-ordered Disposable Income | Amount of orders and requires states to use issued and filed with the DOHMH. The child support and want a DNA test, income left over after taxes and guidelines to decide the amount of birth certificate will be amended to that request must be made in court. Medicare and FICA and pension plan support for each family. include the father’s name and change If a DNA test proves that you are not payment deductions are taken out. Federal Parent Locator Service the child’s last name, if that is requested. the biological father, the order will DNA Test | Analysis of inherited (FPLS) | Computerized national not be automatically terminated. A PUTATIVE FATHER REGISTRY factors to determine if a particular man location network service that helps court hearing will be required and a states locate noncustodial parents by Once paternity is established, that is the child’s father; DNA samples are decision will be made that is in the taken from inside the cheek of the matching database information; FPLS information is forwarded to the New best interests of the child. father, mother, and child using a can provide information helpful to York State Putative Father Registry specially designed swab. establishing custody, paternity, and (PFR), which keeps a record of legal child support and for adoption and Docket Number | Number assigned fathers for the State. The PFR may be foster care issues. Going to Court by the court to identify the case. consulted in issues of inheritance, Financial Disclosure Affidavit | adoption or any other legal issues E Child support orders are legal Document given to both parties in a that require notifying a child’s father . EBT (Electronic Benefit Transfer) | child support case, requesting detailed documents that are established in Method by which the New York State financial, wage, and expense DNA TESTING court. Either parent may file a petition Office of Temporary & Disability Assis - information; used by the court to • If there is any doubt about the in Family Court for a child support determine child support, medical tance (OTDA) delivers cash and food identity of the biological father, hearing. If the custodial parent and/or stamp benefits to recipients. Benefits support, childcare and other parts of are accessed using an ID card and PIN. the child support order. ask for a DNA test. Contact the birth child are applying for or receiving cash registrar in the hospital where the assistance, the Department of Social Emancipated | A child is not living Findings of Fact | Notes and cal cu - baby was born, or the OCSE Services (also known as the Human with his/her parents and has a source lations used by the Support Magistrate in Outreach and Paternity Services Resources Administration, HRA) will of income, or is in the military, or is establishing a child support order. married. Unit at 929-221-5008. If you are automatically file a petition on behalf going to court for a child support of the child. Custodial parents receiv - Enforcement | Application of remedies to obtain payment of a child G hearing, the Support Magistrate may ing cash assistance are required to or medical support obligation Garnish | Legal proceeding under order a DNA test if it is necessary. cooperate with child support in order contained in a child support order. which part of a person’s wages and/or • You will be referred to a state-certi - to get full benefits for their families. Examples of remedies include seizure assets is withheld for payment of a fied laboratory for low-cost DNA Custodial parents who do not comply of assets, suspension of driver’s debt like child support. testing. A swab is used to take DNA with child support requirements may license, denial of U.S. passport, etc. Good Cause | Legal reason for samples from inside the cheeks of have their cash benefits reduced by 25% Establishment | Process of proving which a cash assistance applicant or the baby and both parents; the test and lose Medicaid for themselves. paternity and/or obtaining a court order recipient is excused from cooperating is quick and painless. Custodial parents may be excused to put a child support obligation in place. with child support. • You do not have to go to the lab the from cooperating if there is “good

32 5 father’s name will appear on the birth If you were younger than 18 years H Judgment | Official decision or certificate right away. Otherwise, that when you signed the AOP, you finding of a Judge or Support Magis - Hearing | Legal proceeding held trate. area of the birth certificate is left blank. must file by the earlier of in front a judge. The judge at a child After the baby goes home from the − 60 days after reaching age 18, or support hearing is called a Support Jurisdiction | The legal authority hospital, paternity can still be estab - − 60 days after having to answer Magistrate. which a court or administrative agency lished through the voluntary process any court petition about the child has over particular persons and over I certain types of cases, usually in a by contacting OCSE or the New York if you were advised of your right to Income | Any regular form of defined geographical area. City Department of Health and Mental cancel the AOP at a proceeding related to the child. payment to an individual, regardless Hygiene (DOHMH). If paternity is of source, including salaries, commis - L established after the baby has left the • After these time limits have passed, sions, bonuses, unemployment insur - hospital, the birth certificate will be the only way to challenge the ance, worker’s compensation, disabili - Legal Father | Man who is recog - ty, pension, or interest. Cash assistance nized by law as the male parent of a amended to include the father’s name Acknowledgment of Paternity in child. In order to be recognized as the and change the child’s last name, if court is to show proof of fraud, and SSI benefits are not considered income. legal father, paternity must be estab - requested. duress, or material mistake of fact. lished if the parents are not married Income Execution (IEX) | Adminis - • Parents do not have to sign the AOP Even then, the court could decide it to each other. is in the child’s best interest not to trative process by which a noncusto - at the same time. dial parent’s child support payments Lien | Claim upon property to order genetic tests. • Paternity can be established even are deducted directly from his/her prevent sale or transfer until a debt if you are in the military, in jail, wages or other income and sent to the is paid up. PATERNITY ESTABLISHMENT or out of the country. Child Support Collection Unit. May be IN COURT Locate | Process by which a noncus - • If you are not sure that you are the referred to as wage withholding, gar - todial parent is found, for the purpose father, do not sign the AOP form. It may be necessary to establish nishment, or payroll deductions. of establishing paternity and establish - Request a DNA test and wait for the paternity in court if: Intercept | Method of securing child ing and/or enforcing a child support results before making that decision. • Parents are unable to agree about support by taking a portion of non- obligation. signing the AOP form. wage payments made to a noncusto - Long Arm Jurisdiction | Legal CANCELING • The mother is still legally married dial parent. Non-wage payments provision that permits one state to THE ACKNOWLEDGMENT to someone else, even though she subject to interception include tax claim personal jurisdiction over refunds and lottery winnings. OF PATERNITY (AOP) knows that her husband is not the someone who lives in another state. Interstate Cases | Cases in which • Once the AOP is filed with the father of the child. Lottery Intercept | Process by • There is doubt about the identity of the dependent child and noncustodial which a noncustodial parent’s lottery DOHMH, it becomes a legal parent live in different states and the father and either parent refuses prize winnings are sent to the Office document. If you change your mind where two states are involved in some DNA testing. of Child Support Enforcement to satisfy about establishing paternity, you child support case activity, such as past-due support obligations. have to go to court to file a • You are in court for a child support establishment or enforcement. petition to cancel the AOP. hearing and paternity has not already been established. J M If you were 18 years or older when Job Center | Entry point for people Medical Assistance (Medicaid) you signed the AOP, you must file Either parent may file a petition to seeking cash assistance. Provides on- Only (MAO) | Form of public assis - by the earlier of establish paternity in court. You can go site access to job search, training, and tance that provides benefits to recipi - − 60 days after signing the AOP, or to court to file the petition or go online placement and benefits like Medicaid ents only in the form of medical, rather − 60 days after having to answer to New York State DIY (Do-It-Yourself) and Food Stamps. OCSE receives refer - than financial, assistance. any court petition about the child. Forms at www.nycourthelp.gov to fill rals from Job Centers for clients who Medical Support | Legal provision are required to cooperate with the for medical coverage to be included in child support program. a child support order.

4 33 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. After York State Directory of New Hires for health insurance, child support, possible enforcement of child support different from the Child Support the child support order has been estab - Standards Act guidelines. lished in court, OCSE monitors, collects, social security, military allowance, and medical support obligations by pension, the right to inherit from wage deductions. and distributes the payments. When P you, and have access to your family Noncustodial Parent (NCP) | payments fall behind, OCSE has the Parent Locator Services | Comput - authority to enforce orders through medical history. Parent who does not live with and is •To have the father’s name on the not the primary caretaker of a minor erized network of state databases administrative means. child. used to locate respondents in child child’s birth certificate. support cases. Family Court is part of the New York •For the right to ask for visitation Notarize | To certify something, such Party | Person or organization State Unified Court System. The court’s or custody through Family Court. as a signature, on a legal document as role in child support is to process authentic or legitimate by affixing a directly involved in a legal matter. •For the right to be consulted about petitions, set hearing dates, establish stamp and signature. Pass-Through Payment | Cash decisions concerning the child’s orders of filiation (if paternity has not future if the custodial parent is Nunc Pro Tunc | Latin meaning assistance recipients with child been established through the volun - ‘now for then’ – it refers to changing support orders may receive up to $100 unable to care for the child. per month ($200 if there are two or tary process), establish new child the date of an order, judgment, or How to Establish Paternity filing of a document, back to an earlier more children receiving child support) support and medical support orders, date. of the support collected in the same and make changes to existing ones. VOLUNTARY ACKNOWLEDGMENT month that it is owed; also called When payments fall behind, a violation OF PATERNITY bonus payment or child support petition may be filed and the court O “disregard.” If both parents agree, they can sign an Objection | Written claim, disagree - may enforce the order through judicial Acknowledgment of Paternity (AOP) as ing with specific items in an order. Paternity | Legal determination of means. A request to either raise or soon as the baby is born. Acknowl edg - fatherhood. Paternity must be estab - Must be filed within 30 days of receipt lower the amount of a child support ing paternity in the hospital, when the of the order. lished before child support or medical support can be ordered. order must be made by filing a baby is born, means that the

34 3 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 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 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.