CHILD SUPPORT HANDBOOK

For Custodial Parents

CHILD SUPPORT

SERVICES

BK-5 (E)

Introduction..................................................................................1

The Child Support Program..........................................................4

The child support program puts children rst and recognizes that

both parents have an important role in supporting their children.

When children receive nancial support and positive parenting from

both parents they are better off. The program is successful and

effective at establishing parentage, collecting child support income,

and connecting noncustodial parents to employment.

This section of the handbook explains:

• Enrolling in Child Support

• Locating the Noncustodial Parent

• Establishing Parentage

• Serving a Summons

• Going to Court

• Child Support and Medical Support Orders

• Collecting Child Support Payments

• Enforcing the Child Support Order

• Changing the Amount of the Child Support Order

• Terminating the Child Support Order

Divorce and Child Support..........................................................15

The child support process differs for parents who are divorcing or

have divorced.

Custody and Visitation................................................................17

Custody and visitation are not discussed during a child support

hearing. Custody and visitation is a separate court process. Parents

can also discuss custody and visitation using a mediation service.

Domestic Violence and Child Support........................................18

Aspects of the child support program could be triggers for domestic

violence. To learn more about the program and whether it is the right

decision for you, go to https://on.nyc.gov/child-support-safely. If

you have concerns about your or your children’s safety, let your child

support caseworker or Job Opportunity Specialist (JOS) know. You

may be excused from the child support requirement for receiving

public assistance. The child support program and the court can put

domestic violence safeguards in place to ensure the privacy of your

child support case information and your security in court.

A GUIDE TO THIS HANDBOOK

Information For Cash Assistance and Medical Assistance

Clients..........................................................................................20

You are required to cooperate with the Ofce of Child Support

Services to get full public assistance benets for your family.

This section of the handbook explains:

• Documents You Will Need

• Cooperating with Child Support

• Going to Court

• Foster Care

• How Much Child Support You Can Get

• Getting Child Support Once You Leave Public Assistance

Child Support Contact Information.............................................24

Child Support Ofce Locations....................................................25

Sample Child Support Order........................................................28

Glossary of Child Support Terms.................................................30

INTRODUCTION

The Ofce of Child Support Services (OCSS) works with New York

City families, regardless of income or immigration status, to ensure

that children receive nancial support from both parents. OCSS

helps the custodial parent (parent, relative, or guardian who lives

with and is the primary caretaker of a minor child) to understand

the child support program and provides services throughout

the process. OCSS assists the noncustodial parent (parent who

does not live with and is not the primary caretaker of a minor

child) by offering programs to help them meet their child support

obligations and manage their child support cases.

The child support program is not the same as the Family Court.

Although they work closely and share the same goal of improving

the lives of New York City children through the formal child support

program, they are two different organizations, with different

functions.

OCSS is part of the Human Resources Administration (HRA), an

agency under New York City’s Department of Social Services (DSS).

Parents start the child support process by ling an enrollment form

for services or being referred from Cash Assistance. OCSS will

locate the noncustodial parent, serve a summons, and establish

parentage. After the child support order is established in Family

Court, OCSS monitors, collects, and distributes the payments. If

payments fall behind, OCSS has the authority to enforce the child

support order through administrative means.

FAMILY COURT is part of the New York State Unied Court System.

The Court’s role in the child support process starts when a parent,

guardian, or the New York City Department of Social Services (DSS)

les a petition for parentage and/or child support. The court is

responsible for establishing new child support and medical support

orders and for modifying existing ones. If payments fall behind, a

violation petition may be led in court. When that happens, the

court has the authority to enforce the child support order through

judicial means.

Introduction

CHILD SUPPORT IS IMPORTANT

The noncustodial parent is obligated to pay support until the child

emancipates (most often when they reach age 21). Child support

payments can help you meet your child’s daily needs and provide

your child with a more secure nancial future. Most noncustodial

parents want to engage with their children beyond providing

nancial support and those who pay child support are more likely

to take an interest in their children’s lives and spend more time

with them. Their children tend to have better social outcomes; they

stay in school longer, get better grades, and have fewer behavioral

problems.

Even if the noncustodial parent cannot afford to pay child

support right now, you should still get a child support order. And

if parentage is not established, that is an important rst step.

Establishing parentage in and of itself is in your child’s best interest

because it gives your child the right to Social Security, death, and

military benets and access to medical information.

The child support order will be based on current income but can be

changed in the future if circumstances change. If an noncustodial

parent is not working, the Support Magistrate will establish a

poverty order ($25 per month or $0 per month and cap arrears

at $500). OCSS has employment programs to assist those who

cannot afford to pay child support because they are unemployed

or have low-paying jobs. The Support Magistrate may require an

unemployed noncustodial parent to seek employment or participate

in an employment program at the time of establishing the order.

Once the noncustodial parent starts to get paid on a regular basis,

OCSS can automatically collect child support payments from his or

her paycheck and forward them to the custodial parent. If the order

is $0 then nothing can be collected until the order is modied.

In 2021, OCSS implemented two agreement programs. They allow

parents to have a conversation outside of court about the child

support order amount prior to a court hearing. One program is

to establish the amount of the order and the other is to modify,

or change, an existing order. Parents who meet the qualications

can enter into a agreement by having a conversation with a child

support worker. Both parents do not have to be on the phone or

present at the same time.

• A agreement is prepared with an OCSS representative and using

the same rules as the Court.

• The agreement is submitted to Court for approval and

converted to an order on consent.

• The Court requires both parents to attend at least one hearing

to ensure they voluntarily participated in the process and

understand their rights and responsibilities.

• These two programs offer parents an alternative approach to

establishing and modifying child support orders, which should

reduce the number of court hearings, empowering parents and

make the process more parent-friendly than the usual process.

Introduction

THE CHILD SUPPORT PROCESS

ENROLLING IN CHILD SUPPORT SERVICES

Custodial parents who are applying for or receiving cash assistance

or Medical Assistance Only (MAO) are automatically referred to an

OCSS Borough Ofce for child support services. Cooperating with

child support is required to get full cash benets and/or Medicaid

for their household.

Custodial parents who are not applying for or receiving cash

assistance or MAO can apply for child support services as follows:

• Through the child support mobile app nyc.gov/childsupportmobile

(to download the app go to the App Store or Google Play);

• In person at the OCSS Family Court Support Services (FCSS)

Ofce located (https://on.nyc.gov/contactocss) in the Family

Court in the borough where they live;

• Download the enrollment form at www.nyc.gov/hra/ocss and

then mail a completed, signed enrollment form to OCSS or email

it to [email protected].us with subject “Child Support

Enrollment Form.”

Any adult who is living with and caring for a minor child may enroll in

child support services. It is not necessary to have legal custody.

OCSS will need documents that help locate the noncustodial parent

and prove your relationship and your child’s relationship to the

noncustodial parent. Provide as much of the following information

as you can:

• Noncustodial parent’s Social Security number or Individual

Taxpayer Identication Number (ITIN)

• Birth certicate for each child to be listed on the petition

• Marriage certicate, divorce decree, or separation papers, if

applicable

• Acknowledgment of Parentage or Order of Filiation from Family

Court, if applicable

• Noncustodial parent’s address and phone number(s)

• Name and address of noncustodial parent’s employer

• Recent photograph

If you don’t know the whereabouts or Social Security number or ITIN of the

noncustodial parent, provide the following information to help us identify

and locate him or her:

• Date and place of birth

• Last known address

• His or her parents’ names (including the mother’s maiden name)

LOCATING THE NONCUSTODIAL PARENT

Many custodial parents know where the other parent lives or works.

If that information is not available, OCSS will search computer

databases to nd the noncustodial parent’s current address and

employer.

The noncustodial parent may be the father or the mother. In cases

in which the person taking care of the child is not a biological

parent, both the mother and father are considered noncustodial

parents who are obligated to pay child support. OCSS can locate

missing parents who live or work in other states. Let us know

immediately if you learn new information that will help us locate the

noncustodial parent.

ESTABLISHING PARENTAGE

When a child is born to unmarried parents, parentage must be

established before a child support order can be issued:

• Establishing parentage gives your child benets that may include

Social Security, military allowance, pension, child support, health

insurance, and the right to inherit from the other parent.

• Parentage can be established in the hospital as soon as the

baby is born, or any time before reaching age 21. If both

parents agree, they can sign an Acknowledgment of Parentage

(AOP) form, which becomes a legal document once it is led

with the Department of Health and Mental Hygiene (DOHMH).

Parentage can also be established at a hearing in Family Court.

Either parent can le a petition for a parentage hearing.

• If there is a question about the identity of the other parent, low-

cost DNA testing (https://bit.ly/ocssdnatest) is available through

New York State-certied laboratories. For more information

and a referral, contact the OCSS DNA Line at 929-221-5008. If

you have a scheduled date to appear in Family Court for a child

support hearing, you cannot request low cost DNA testing on

your own. The Support Magistrate will order a DNA test if it is

needed to establish parentage.

The Child Support Program

SERVING A SUMMONS

After a petition for parentage and/or child support is led, the

noncustodial parent must be notied by summons of the date and

time of the child support hearing and the requirement to show up.

Upon request, OCSS will provide summons service, usually by mail,

at no cost to you. If you prefer, you may handle it on your own by

having someone you know serve the summons. You may not serve

the summons yourself.

GOING TO COURT

How You Can Bring An Agreement To Court

Custodial and noncustodial parents will be given the opportunity to

enter into a agreement voluntarily before appearing in Court. This

type of agreement is based on the child support standard guidelines

used by the Court but would be discussed by the parent or parents

with an Ofce of Child Support Services (OCSS) customer service

representative. It is an alternative to a formal court proceeding and

is designed to be friendly and supportive, allowing both parents the

opportunity to talk.

For an agreement:

• An OCSS worker drafts the agreement according to the

guidelines and helps the parents gather the required documents.

• The approved agreement package is led in Court for a hearing

to be scheduled.

• Usually only one Court appearance would be required for the

Support Magistrate to make sure the parents voluntarily entered

into the agreement and to approve the agreement as an order on

consent.

If you are interested in learning more about entering into a agreement,

call 1-929 -252-5289 or email [email protected].us with subject

“CSSAP” to schedule an appointment and learn more.

How Much Money Will I Receive?

The amount of child support income received is based on the child

support obligation set by the Court. Provided the noncustodial

parent pays, the full amount of child support income is distributed

to custodial parents, unless they are receiving cash assistance. For

cash assistance clients, they receive up to $100 in child support

income with one child and $200 with two children, above their cash

assistance benet amount. In those situations where a child resides

in Foster Care, all of the child support income is retained by the DSS.

How Long Does The Process Take Before Payment Is Received?

The entire process from the point of enrolling in services to

obtaining a court order can take many months, if the location

of the noncustodial parent is known. If the noncustodial parent

is employed, an Income Withholding Order (IWO) is sent to the

employer and child support payments can generally be expected to

arrive within a month of the employer receiving the IWO.

What You Need To Know About Your Court Hearing

In Court, the Support Magistrate will listen to testimony and

review the income and expense information of both parents.

That information will be used to calculate how much support the

noncustodial parent must provide.

• Family court is set up so that you can represent yourself. You

do not need a lawyer, but you may hire one if you wish. There

are a few low-cost options (https://on.nyc.gov/low-cost-legal)

available.

• Both parents must show up at the hearing. When both parents

come prepared with their nancial documents, there may be

fewer hearings. If the noncustodial parent does not show up at

the hearing or does not provide enough information about his

or her income, the Support Magistrate may adjourn the hearing

and reschedule it for another date. In that case, the custodial

parent must show up at the next court hearing or the case may

be dismissed. The Support Magistrate may proceed without the

noncustodial parent present and establish a default order if there

is proof of summons service.

• If either parent disagrees with the child support order, a written

objection may be led with the Court Clerk’s ofce within 30 days

of the date of the order or within 35 days of the date the order

was mailed to the parties. The other parent will have a chance to

answer the objection. A Family Court judge will review the case

le and make a decision.

Documents You Will Need

• Completed Financial Disclosure Afdavit (https://bit.ly/

FinDisclosure)

• Proof of income and assets such as pay stubs, tax returns, bank

accounts, and investments and property holdings

• Proof of household expenses such as rent and food

• Proof of medical, child care, and education costs

The Child Support Program

Presenting Yourself In Court

• Arrive on time

• Dress appropriately

• Come with a prepared list of important points and stick to them

since time is limited

• Come with your Financial Afdavit completed and any other

supporting documentation

• Speak when it is your turn; do not speak directly to the other

parent.

CHILD SUPPORT AND MEDICAL SUPPORT ORDERS

In order to make child support orders in New York State fair and

consistent, the Child Support Standards Act sets the basic child

support amount at a xed percentage of the parents’ income.

Unless there are documented reasons not to, the Support

Magistrate must use these percentages in deciding how much

child support the noncustodial parent has to pay. Using these

percentages ensures that children benet from the same standard

of living they would have if their parents were living together. The

law does allow Support Magistrates some exibility to deviate in

accordance with the reasons identied in the law.

How The Amount Of The Order Is Calculated

Under the law, the basic support amount that the noncustodial

parent has to pay is a percentage of his or her gross income minus

NYC taxes, Social Security and Medicare deductions, and any child

or spousal support actually paid to another family, and depends on

how many children are involved.

Income includes salary from a job, worker’s compensation, disability

payments, unemployment benets, Social Security payments, and

many other forms of income. It does not include cash assistance or

Supplemental Security Income (SSI) benets.

This percentage is used for all cases in which the parents’ combined

income does not exceed $163,000. For combined income above

$163,000, the Support Magistrate can choose whether or not to use

the percentage guidelines and may consider other information in

setting the full support amount.

There are protections in the law for low-income noncustodial

parents. Those earning less than the New York State Self-Support

Reserve can obtain a $50 a month order, and those earning at or

below the federal poverty level can obtain a poverty order of $25

per month and have arrears capped at $500. The point is there

is value in establishing an order. OCSS will work with low-income

noncustodial parents to connect them to employment services.

When their income increases, there is an opportunity to have the

order increase.

OCSS provides an online calculator (http://bit.ly/CSCalc) that can

give you an idea about how much child support may be ordered.

What The Child Support Order Includes

• Obligation amount based on the New York State Child Support

Standards Act.

• Medical support, which includes health care costs for the child

like health insurance premiums, deductibles, and co-payments.

Medical support costs are divided between the two parents,

according to their incomes. Either parent may be required to

enroll the child in a health insurance plan if it is available through

his or her job. The insurance must be available at a reasonable

cost to the employee and the medical services must be available

where the child lives.

• Reasonable education and child care expenses for the child may

also be included in the child support order. These expenses are

usually divided between the two parents, according to their

incomes. Both medical and education expenses, if included, are

in addition to the basic child support order amount.

1 child…………17%

2 children………25%

3 children………29%

4 children………31%

5 or more………at least 35%

The Child Support Program

COLLECTING CHILD SUPPORT PAYMENTS

Your child support order will be made payable to the OCSS Support

Collection Unit (SCU). We will collect the noncustodial parent’s

payments on a regular basis, usually through payroll deductions.

The child support payments will be forwarded to you electronically,

by direct deposit to your bank, or through the New York State

Debit MasterCard program. Checks will be sent only in hardship

cases. For direct deposit into your savings or checking account, you

can complete, sign, and return the form at childsupport.ny.gov. You

can watch the video on how to ll out the direct deposit enrollment

form at the HRA OCSS YouTube playlist at (youtube.com/hranyc).

If you do not enroll in direct deposit, you will receive your child

support payments through the New York State debit card.

If you move, it is important to give OCSS your new address

https://on.nyc.gov/3FAiB0S so that we can contact you and

ensure that you do not miss any payments or other important

correspondence.

You may be charged an annual service fee of $35. The fee applies

only to custodial parents who have never received cash assistance

benets in any state. The fee will be charged if at least $550 in

support is collected for you during the federal scal year (October

1–September 30). The fee will continue to apply in each federal

scal year when $550 or more is collected.

OCSS cannot provide collection and enforcement services if you

have an order that is payable directly to you. You may request a

Change of Payee from Direct Payment to Payable through the

Support Collection Unit (SCU) https://on.nyc.gov/3TNqXXv at the

OCSS Family Court Support Services (FCSS) Ofce in the Family

Court in your borough. A Change of Payee can be done on any

child support order issued by New York State Family Court or

Supreme Court without a court hearing.

ENFORCING THE CHILD SUPPORT ORDER

Enforcement means taking appropriate actions to collect past-

due child support and ensure current and future payments. The

enforcement process begins when the order is made payable to

the Support Collection Unit (SCU) and ends when the order is

terminated and any arrears are paid up. When payments fall behind,

a number of enforcement tools can be used to collect what’s owed.

Some enforcement actions are administrative. This means that a

court hearing is not required. OCSS has the authority to enforce

orders using these methods, including:

• Increasing the wage garnishment amount by 50% to reduce the

child support debt (arrears)

• Seizing money from bank accounts, income tax refunds, lottery

winnings, and insurance settlements

• Suspending driver license

• Reporting unpaid child support to credit reporting agencies

• Referring cases to the New York State Department of Taxation

and Finance for collection of child support debt

• Denying new and renewed passports

• Denying new and renewed New York City business and

professional licenses, permits, registrations, and certicates.

NYC licensing agencies include, but are not limited to, the Taxi and

Limousine Commission, the Department of Consumer Affairs, the Fire

Department, and the Police Department

Other enforcement actions are judicial. This means that a court

hearing is necessary. If you are not receiving cash assistance,

you would have to le a violation petition. Judicial enforcement

methods include:

• A violation hearing. This may result in any of the following:

• Money judgment with interest added on (mandated by law for

all violation hearings)

• Lien on any owned property

• Cash undertaking (cash deposit up to three years’ worth of

child support payments) to guarantee payment of future child

support

• Participation in an employment program

• Suspension of state-issued professional, business, and

recreational licenses. State licensing agencies include, but

are not limited to, the Departments of Education, State,

and Environmental Conservation, the Ofce of Court

Administration, and the Liquor Authority

• Incarceration

• Referral for criminal prosecution

The Child Support Program

CHANGING THE AMOUNT OF THE CHILD SUPPORT ORDER

Changing The Amount Through Family Court

Either parent may le a petition in Family Court to modify (change)

the amount of the child support order if there is a substantial

change in circumstances, which may be dened as a considerable

and unplanned change in circumstances, or the needs of the child

are not being met. The Support Magistrate will review the new

information presented and decide if a change should be made.

The following additional standards for modication apply to child

support orders established on or after October 13, 2010.

• Three years have passed since the order was entered, last

modied, or adjusted.

• There has been a change in either parent’s gross income by 15%

or more since the order was entered, last modied, or adjusted.

Any decrease in income must be involuntary and the parent

claiming decreased income must have made diligent attempts

to nd work commensurate with his or her education, ability,

and experience.

• Incarcerated individuals may le a modication petition due

to a substantial change in circumstances as long as their

incarceration is not due to nonpayment of child support or an

offense against the custodial parent or child.

• Any change to the order will go back to the date that the

petition was led in court, not the date that the change in

circumstances took place.

Modifying Orders Through Stipulation (MOTS)

An alternative to the longer Court process for changing a child

support order is a agreement between the custodial parent and

the noncustodial parent, which can be facilitated by OCSS. This

program, called Modifying Orders Through Stipulation (MOTS),

typically requires one brief Court hearing appearance that results in

a child support order on consent, which is an order that has been

agreed to by both parties.

MOTS offers both custodial and noncustodial parents the

opportunity to discuss, ask questions, and come to an agreement

on the new child support obligation amount. This is accomplished

with a child support worker, outside of Family Court, using the

same guidelines as the Court. Once an agreement is reached and

both parents sign it, a Court hearing is scheduled. The parents need

to appear but, usually, only once.

Changing The Order Amount Through A Cost Of Living

Adjustment (COLA)

Child support orders may be increased with a Cost of Living

Adjustment (COLA) without going back to court. Only custodial

parents whose child support orders are paid through OCSS can get

a COLA. The amount of the COLA is based on yearly changes in

the consumer price index for urban areas (CPI-U), which tracks the

prices of items like food, clothing, housing, transportation, fuel, and

medical expenses.

A COLA may be added to a child support order when the yearly

increases in the CPI-U add up to at least 10% from the date the

order was established or last modied. It can take several years

to reach the required 10% increase in the CPI-U. Cash assistance

clients automatically receive the COLA when their child support

cases become eligible. Non-cash assistance clients are notied by

mail when their cases meet the requirements for a COLA. They

must respond to the notice in order to receive the increase.

Changing The Order When A Child Emancipates

Orders may be allocated. This means a specic dollar amount

is associated with each child. When this happens, as a child

emancipates, the order will automatically be adjusted as each

child emancipates. Some orders are not allocated. In such cases,

both parents/guardians need to return to Court to have the order

modied to reect the emancipation of the child.

TERMINATING THE CHILD SUPPORT ORDER

In New York State, the noncustodial parent is obligated to pay

support until the child emancipates (typically when they reach age

21). When the youngest child on a case turns 21, nothing needs to

be done to terminate the order – it happens automatically. Under

certain circumstances, child support orders may be terminated by

the court before age 21 when:

• The child becomes emancipated–moves out and becomes self-

supporting, gets married, or joins the military.

• The noncustodial parent gets custody of the child. In that case,

the noncustodial parent must le a petition to terminate the

order and establish a new order against the former custodial

parent.

The Child Support Program

• You get back together with the other parent and form one

household. Again, a petition must be led with the court to

terminate the order.

Once the order is terminated, you may still be entitled to receive

child support if the noncustodial parent’s payments were not up to

date and he or she owes arrears.

In New York State, divorce cases are heard in Supreme Court. A

divorce decree, stating the terms of the divorce, is issued. The

divorce decree may include a child support order. The amount of

the child support order can be decided between the two parents

and their lawyers, or the Supreme Court judge hearing the case.

If the judge determines the obligation amount, he or she will base

the order on the same New York State Child Support Standards

Act used in Family Court. You can request to have the child support

order payable to OCSS and use our services for collecting and

enforcing payments.

To do this:

1. Complete the Child Support Enrollment Form (LDSS-5258) found at nyc.gov/

hra/ocss, or at https://otda.ny.gov/programs/applications/5258.pdf

2. MAIL the LDSS-5258, a complete copy of the divorce decree, and indicate you

want to convert it so that it’s payable to OCSS. Mail the package to:

OCSS, c/o Accounts Maintenance Director

PO Box 830

Canal Street Station

New York, NY 10013

Bring your divorce degree to the OCSS Family Court Support Services (FCSS) Ofce

in the Family Court in your borough and enroll in child support services in person.

This will ensure the divorce degree is converted to an order payable to OCSS.

The support order amount will be entered into our computer

system as it appears in your Supreme Court divorce decree. Either

parent may le a petition to modify the child support order if their

circumstances or the needs of the child change. If your divorce

decree states that Supreme Court retains jurisdiction, then you must

go back to Supreme Court to request the modication. If the order

states that Supreme Court grants concurrent jurisdiction to Family

Court, or does not mention jurisdiction at all, you may go back to

either court.

You can go directly to Family Court to enroll for child support

services if you have a divorce decree that does not include a child

support order or you have not started the divorce process in

Supreme Court yet. Once you have led papers in Supreme Court

and have a date for an upcoming hearing, you cannot request a

child support hearing in Family Court until the other court matter is

resolved.

Divorce and Child Support

DIVORCE AND CHILD SUPPORT

CUSTODY AND VISITATION

Custody and visitation are not discussed at the child support

hearing and are not included in the child support order.

OCSS believes that noncustodial parents are more likely to

pay child support if both parents/guardians have a verbal or

written agreement in place for seeing their children and/or

sharing responsibilities. A parent who needs help with custody

and visitation may le a petition in court for a custody and

visitation hearing (http://ww2.nycourts.gov/COURTS/nyc/family/

faqscustodyandvisitation.shtml). At the hearing, a judge or referee

may refer the parents to mediation services. If a satisfactory

agreement is reached through this court-referred mediation

process, the judge or referee will make the agreement into a court

order. If an agreement is not reached, the case will be returned to

the court and the judge or referee will decide how to resolve

the issues.

TRYING MEDIATION TO RESOLVE YOUR DIFFERENCES

Mediation services are also available without a court referral

to discuss child rearing issues. Parents may contact any of the

following organizations directly for free or low-cost mediation

(https://bit.ly/ocssmediation) services:

• Center For Mediation And Training: 212-799-4302 (all clients,

hourly fee)

• Community Mediation Services: 718-523-6868 (Queens

residents)

• Institute For Mediation And Conict Resolution: 718-585-1190

(Bronx residents)

• New York Legal Assistance Group: [email protected]g (low-

income clients)

• New York Peace Institute: 212-577-1740, 718-834-6671

(Brooklyn and Manhattan residents)

• Parent Help: 800-716-3468 (federally funded program offering a

free and condential telephone helpline to mothers and fathers

living apart)

Custody and Visitation

DOMESTIC VIOLENCE AND

CHILD SUPPORT

When most people hear the words “domestic violence,” they

think of physical violence. However, in some cases, abusers never

physically attack their victims. Other forms of abuse or ways to

control victims include emotional, sexual, and nancial abuse.

Many abusers use money as a means of control. An abuser can

deny a victim access to money, or housing, or a car, making it

difcult to leave or stay away. Abusers can use threats about child

support to control their victims. In addition to threatening physical

violence, an abuser may say you will never see a dime of child

support if you leave or that you will lose custody if you ask for child

support.

If you have any concerns, please take a moment to read

Information for All Child Support Applicants About Getting Child

Support Safely (W-280a) https://on.nyc.gov/child-support-safely

available on our website at www.nyc.gov/hra/ocss. This document

describes the services we provide that could become triggers for

domestic violence. If you still wish to pursue child support, there

are ways to do so safely.

If you are applying for or receiving cash assistance, you are

required to cooperate with child support to get full benets for

your family. But if there is a danger of domestic violence, you

should tell the Job Opportunity Specialist (JOS) in the Job Center

or the child support caseworker of your fears and you may be

excused from that requirement.

If you are not applying for or receiving cash assistance and there

is danger of domestic violence, you can decide if you want child

support services. Many survivors of domestic violence are nervous

about collecting child support but want to go forward with a

support case because they need the money. Regardless of the

situation, many feel that both parents should be responsible for the

children they have together. If you decide to go forward, you can

always change your mind.

• When you go to court to le a petition for child support, let

the child support worker and State Family Court staff know of

your fears. They will work with you to ensure the privacy of case

information and security in the court. You can request that the

court:

» Remove your address and employment information

from petitions, notices, and any other court forms

» Not tell the other parent where you live or work

» Allow you to leave the court separately from the other

parent

» Order that any DNA testing needed to establish

parentage be conducted on different dates

» Refer you to domestic violence services

• Once you have a child support order, OCSS can provide

administrative enforcement without your involvement. If your

situation becomes dangerous and you are concerned for your

safety or that of your children, you can ask OCSS to close your

case at any time.

If you are experiencing domestic violence, or know someone who

is, help is available. The New York City Domestic Violence Hotline

(800-621-HOPE) provides information on counseling, shelters,

services for children, and legal assistance.

Domestic Violence and Child Support

You will be scheduled for an interview with an Ofce of Child

Support Services (OCSS) Borough Ofce if you are applying for

or receiving cash assistance or Medical Assistance Only (MAO), or

need to have a child added to your cash assistance case. At the

interview, a child support worker will ask you questions about the

noncustodial parent (parent living outside of the household). Your

benets may be reduced if you fail to keep your appointment or fail

to provide documentation and information about the noncustodial

parent.

DOCUMENTS YOU WILL NEED

Documents and information you will need for your OCSS Borough

Ofce interview:

• Completed referral that you were given along with the

appointment notice (copies can be found at www.nyc.gov/hra/

ocss)

• Noncustodial parent’s Social Security number or Individual

Taxpayer Identication Number (ITIN)

• Birth certicate for each child to be listed on the petition

• Marriage certicate, divorce decree, or separation papers, if

applicable

• Acknowledgment of Parentage or Order of Filiation from Family

Court, if applicable

• Noncustodial parent’s address and phone number(s)

• Name and address of noncustodial parent’s employer

• Recent photograph

If you don’t know the whereabouts or Social Security number or ITIN of

the noncustodial parent, the following information will help us identify and

locate him or her:

• Date and place of birth

• Last known address

• His or her parents’ names (including the mother’s maiden name)

COOPERATING WITH CHILD SUPPORT

If you are receiving or applying for cash assistance, you are

required to cooperate with OCSS in order to get full benets for

your family. If you fail to provide the information requested, you

may be sanctioned, which means your Cash Assistance benet

may be reduced by 25%, you may lose Medicaid for yourself, you

may become ineligible for some rental assistance programs or

have your rental supplement reduced, and the sanction will remain

in effect unless and until you provide the specic information

requested and comply with child support.

In some situations, there are good reasons not to cooperate. You

may be allowed a good cause claim for the following reasons:

• You fear physical or emotional abuse from the other parent for

yourself or your child(ren)

• Your child came from a pregnancy due to incest or rape

• You are working with an adoption agency to have your child

adopted

Let the child support worker know if one of these situations applies

to you. You will be referred to a domestic violence counselor if your

claim is a result of physical or emotional abuse. The counselor will

decide if you have good cause and are eligible for a full or partial

waiver, which means you may not have to cooperate with some or

all of the child support requirements right now.

If you are sanctioned for non-compliance, your sanction can be

lifted at any time by providing the specic information requested

and comply with child support. You can also reach out to OCSS

Borough Ofce (https://on.nyc.gov/contactocss) and cooperate.

INFORMATION FOR CASH ASSISTANCE

AND MEDICAL ASSISTANCE CLIENTS

Information For Cash Assistance and Medical Assistance Clients

GOING TO COURT

You will be expected to attend the child support hearing if/when

your case is referred to court. There will be a lawyer at the hearing

to represent the New York City Department of Social Services/

Human Resources Administration (HRA), the agency that les the

petition on behalf of children who are on cash assistance. But

you should still be prepared to answer some questions. If your

cash assistance or Medical Assistance Only case closes before

the hearing date, you should still go to the hearing. The Support

Magistrate can establish parentage and/or a child support order if

both parents are there.

You may be eligible to participate in the Child Support Stipulation

Agreement Program (CSSAP). CSSAP can simplify the child support

process and may reduce the time you spend in Family Court. Call

1-929-252-5289 or email [email protected].us with subject

“CSSAP” to schedule an appointment and learn more.

FOSTER CARE

If your child is in foster care, you assign your rights to the child

support income collected to the Department of Social Services/

Administration for Children’s Services. Once you are reunited with

your child, the child support income is directed to you, unless

you are receiving cash assistance. If so, the cash assistance rules

apply, meaning you receive the rst $100 (or $200 for two or more

children) and the remainder is retained by DSS.

HOW MUCH CHILD SUPPORT YOU CAN GET WHILE

RECEIVING CASH ASSISTANCE

• The rst $100 (or $200 for two or more children) collected

each month in current child support will be forwarded to you in

addition to your cash benet. This is your bonus or pass-through

payment and is available on your EBT card. In most cases, the

rest of the money collected is used to pay back HRA for your

cash benets. If you already had a child support order before

applying for cash benets, you may be entitled to “family

arrears payments.” Ask your child support worker if that applies

to you.

• Any child support payments you receive directly from the

noncustodial parent, while you are receiving cash assistance,

must be turned over to HRA. Keeping these child support

payments is considered welfare fraud.

• If the amount of child support collected is more than your

benets, you may be able to close your cash assistance case and

still be entitled to SNAP benets (food stamps), Earned Income

Tax Credit (EITC), child care, and Medicaid benets.

GETTING CHILD SUPPORT ONCE YOU LEAVE CASH ASSISTANCE

• Once you are no longer receiving cash assistance or Medical

Assistance Only (MAO), all payments from the noncustodial

parent for current child support will be forwarded to you. We will

continue to make sure that payments are made regularly and on

time, at no cost to you.

• In some cases, OCSS will still have the right to keep child

support payments owed from the time when your family was

receiving cash assistance. This will only happen after you are paid

everything owed to you based on your child support order or

when income is collected by intercepting state or federal income

tax refunds.

• If you did not have a child support order while you were

receiving cash assistance but now have information that will help

us collect child support for your family, let us know immediately

by calling the New York State Child Support Helpline at 888-

208-4485. If we are able to locate the noncustodial parent, you

will be contacted so you can le a petition in Family Court to

establish an order.

Child support payments–in addition to a job and other supports

such as the Earned Income Tax Credit (EITC), Supplemental

Nutrition Assistance Program (SNAP; also called food stamps),

Medicaid, and subsidized child care–can help you become

nancially independent and support your family.

Information For Cash Assistance and Medical Assistance Clients

CALL

New York State Child Support Helpline

Speak with a representative

Monday – Friday, 8:00 a.m. – 7:00 p.m.

888-208-4485

866-875-9975 TTY (Hearing Impaired)

New York City Ofce of Child Support

Services DNA Line

Information about low cost DNA

testing.

Monday – Friday, 9:00 a.m. – 5:00 p.m.

929-221-5008

[email protected].us. Please

include your Child Support case

number in your email inquiry.

PHONE APPOINTMENT

Schedule a phone appointment with

a Customer Service caseworker by

emailing [email protected].us.

Please provide your name, Child

Support case number, a description

of your concern(s), phone number,

and the best time to reach you. Enter

“Requesting a Customer Service

Appointment” in the subject line of

your email.

VISIT

New York City Ofce of Child Support

Services

Customer Service Walk-In Center

151 West Broadway, 4th Floor

New York, NY 10013

Monday – Friday, 8:00 a.m. – 6:00 p.m.

(except holidays)

Bring a photo ID

WRITE

New York City Ofce

of Child Support Services

PO Box 830

Canal Street Station

New York, NY 10013

GO ONLINE

New York State Division

of Child Support Services

childsupport.ny.gov

NYC Ofce of Child Support Services

nyc.gov/hra/ocss

*For account information, you will need

the PIN number that you were assigned

for your account, and your Social

Security number. If you do not remember

your PIN, call the Child Support Helpline

at 888-208-4485 to request your PIN.

To verify your identity, you will be asked

to provide your name, account number,

Social Security number, and address.

If you prefer, you can request a PIN by

sending a letter that includes your name,

account number, Social Security number,

address, and signature.

• For general information about the child support program.

• For help with your child support case, including change of address.

• To provide information that will help us collect child support for your family.

MAIL YOUR REQUEST TO THE

FOLLOWING ADDRESS:

Attn: PIN

NYS Child Support Processing Center

PO Box 15365

Albany, NY 12212-5365

CHILD SUPPORT CONTACT INFORMATION

CHILD SUPPORT OFFICE LOCATIONS

TO ENROLL IN CHILD SUPPORT SERVICES

THOSE RECEIVING CASH ASSISTANCE. You will automatically be given

an appointment to speak with an OCSS Borough Ofce child support

worker if you are applying for or receiving cash assistance or Medical

Assistance Only (MAO). Staff are available Monday – Friday, 9:00 a.m. –

5:00 p.m. If you have more information about the noncustodial parent

after your interview, call the ofce where you had your appointment.

BRONX

Bronx Borough Ofce

Serving the Bronx

894 Garrison Avenue

Bronx, NY 10474

929-252-4100

BROOKLYN

Brooklyn Borough Ofce

Serving Brooklyn and the

Rockaways

One MetroTech Center, North, 6th

Floor

Brooklyn, NY 11201

929-221-7620

MANHATTAN

Manhattan Borough Ofce

Serving Manhattan and

Staten Island

115 Chrystie Street, 3rd Floor

New York, NY 10002

212-274-4736

QUEENS

Queens Borough Ofce

Serving Queens (except the

Rockaways)

32-20 Northern Blvd, 6th Floor

Long Island City, NY 11101

929-221-4105

STATEN ISLAND

Staten Island residents receive

services in the Manhattan Borough

Ofce

ALL OTHER APPLICANTS.

Call or visit the Family Court

Support Services Ofce (FCSS)

located in the Family Court in

your borough if you are not

applying for or receiving cash

assistance or Medical Assistance

Only (MAO). All ofces are open

Monday– Friday, 9:00 a.m. – 5:00

p.m. You can also call to schedule

a phone appointment or mail your

completed signed enrollment

form to:

OCSS

c/o Family Court Support

Services Director

PO Box 830

Canal Street Station

New York, NY 10013

Child Support Contact Information and Ofce Locations

BRONX

Bronx County Family Court

900 Sheridan Avenue, Lower Main Floor

Bronx, NY 10451

718-590-3924/3432

BROOKLYN

Kings County Family Court

330 Jay Street, 12th Floor

Brooklyn, NY 11201

718-246-7962/68

MANHATTAN

New York County Family Court

60 Lafayette Street, 1st Floor

New York, NY 10013

212-385-8218/19

QUEENS

Queens County Family Court

151-20 Jamaica Avenue, 4th Floor

Jamaica, NY 11432

718-725-3148/49

STATEN ISLAND

Richmond County Family Court

18 Richmond Terrace, Basement

Staten Island, NY 10301

718-720-2906

FOR HELP WITH AN EXISTING CHILD SUPPORT CASE.

If you need help with your case once you have a child support order,

including change of address, email us at [email protected].us

Or visit:

OCSS CUSTOMER SERVICE WALK-IN CENTER

151 West Broadway, 4th Floor

New York, NY 10013

Monday – Friday, 8:00 a.m. – 6:00 p.m. (except holidays)

Child Support Ofce Locations

SAMPLE CHILD SUPPORT ORDER

F.C.A. §§ 413, 416, 433, 438, 4-7 11/2002

439, 440,442-447, 471; Art.5-B,

PRESENT: Family Court, Support Magistrate

In the Matter of a Support Proceeding

Custodial Parent, SSN: XXX-XX-XXXX,

Petitioner,

– against –

Noncustodial Parent, SSN: XXX-XX-XXXX,

Respondent.

NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR

CRIMINAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT

IN SUSPENSION OF YOUR DRIVER’S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS

AND OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS;

AND IMPOSITION OF REAL OR PERSONAL PROPERTY LIENS.

SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30

DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF

THE ORDER WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER.

The above-named Petitioner having led a petition in this Court on June 22, 2004, alleging that

Noncustodial Parent is chargeable with the support of:

Name Date of Birth

Child’s Name XX/XX/XXXX

Noncustodial Parent having appeared before this Court to answer the petition, having been advised

by the Court of the right to counsel, and to show why an order of support and other relief prayed for

in the petition should not be granted; and Noncustodial Parent having admitted the allegations of

the petition; and the matter having duly come on to be heard before this Court;

NOW, after examination and inquiry into the facts and circumstances of the case and after hearing

the proofs and testimony offered in relation thereto, the Court nds that: Noncustodial Parent is the

Noncustodial party, whose pro rata share of the basic child support obligation is $XX.XX weekly for

the following child:

Name Child Date of Birth Social Security #

And the Court nds further that: The Noncustodial party’s pro rata share of the basic child support

obligation is neither unjust nor inappropriate;

Noncustodial Parent is currently unemployed;

NOW, after examination and inquiry into the facts and circumstances of the case and after hearing

the proofs and testimony offered in relation thereto, it is

ORDERED AND ADJUDGED that effective January 28, 2005, Noncustodial Parent is chargeable

with the support of the following person(s) and is possessed of sufcient means and able to earn

such means to provide the payment of the sum $XX.XX weekly to Custodial Parent by certied

check or money order payable to the Support Collection Unit, such payments to commence on Jan-

uary 28, 2005, for and toward the support of Noncustodial Parent’s children, allocated as follows:

At a term of the Family Court of the

State of New York, held in and for the

County of Richmond, at

100 Richmond Terrace, Staten Island, NY

10301, on October 4, 2004

File #: XXXXX

Docket #: F-XXXXX-XX

CSMS #: XXXXXXXXX

ORDER OF SUPPORT

Family Court

Act laws that

govern the

court hearing

Court address

and the hearing

date

Child support case

and court identifying

information

Form number and date of issue

Parties involved

PART

Type of order

Filing an

objection

Noncustodial parent’s employment status

Effective

date of

the child

support

order

(Your date

will be

different)

The person who will receive the child support payments

Docket No: F-XXXXX-XX

4-7

Name Social Security # Date of Birth Amount

Children

Child XX/XX/XXXX

Total Child Support: $XX.XX weekly

ORDERED that the payor, custodial party and any other individual parties immediately notify the Sup-

port Collection Unit of any changes in the following information: residential and mailing addresses,

social security number, telephone number, driver’s license number; and name, address and telephone

numbers of the parties’ employers and any change in health insurance benets, including any termina-

tion of benets, change in the health insurance benet carrier or premium, or extent and availability

of existing or new benets; and it is further

ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice

Law and Rules, or in any other manner provided by law; and it is further

ORDERED that Noncustodial Parent pay additional expenses as follows:

Expense/Payee Payment Payable

Unreimbursed Health Related/

Custodial Parent XX % Via SCU

Child Care/

Custodial Parent XX % Direct

IT IS FURTHER ORDERED that all payments payable through the Support

Collection Unit shall be mailed to: Support Collection Unit, PO Box 15363,

Albany, NY 12212- 5363;

IT IS FURTHER ORDERED that a copy of this order be provided promptly by the Support Collection

Unit to the New York State Case Registry of Child Support Orders established pursuant to Section

111-b(4-a) of the Social Services Law; and it is further ORDERED that this is a $XX per week order of

support from 10/8/04 until it increased on1/28/05.

NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A

COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO

EARLIER THAN TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST

ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH

(2) BELOW. UPON APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE

SUPPORT COLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF

THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM

THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON

SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL

SCHEDULE A HEARING AT WHICH THE PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH

THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE

WITH THE CHILD SUPPORT STANDARDS ACT.

(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED

AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN

TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED

WITHOUT FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF AD-

JUSTMENT FINDINGS.

(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT

COLLECTION UNIT WITH A CURRENT ADDRESS TO WHICH AN ADJUSTED ORDER CAN BE

SENT, AS REQUIRED BY SECTION 443 OF THE FAMILY COURT ACT, THE SUPPORT OBLIGATION

AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST

PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND

ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF

WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.

Dated: October 4, 2004 ENTER

Family Court, Support Magistrate

Check applicable box:

¨ Order mailed on [specify date(s) and to whom mailed]: ___________________

PART

cont’d

PART

Notice to in-

form Agency

of any change

in your

residence,

employment,

etc.

Expenses in addition to the basic

child support amount:

• Medical

• Child care

• Education

Where to send payments until

they come through your job

Summary

of court

ndings

Cost of

Living

Adjustments

(COLA)

Name and

seal of

Support

Magistrate

Sample Child Support Order

ABSENT PARENT: Person who is absent from the home and is legally

responsible for providing nancial support for a dependent child

(also referred to as the noncustodial parent, nonresident parent, and

respondent in court case).

ACCRUAL: Sum of child support payments that are overdue.

ACKNOWLEDGMENT OF PARENTAGE (AOP): Form that

establishes the parentage (legal fatherhood) of a child through a

voluntary process, without going to court. It must be completed

and signed by both parents.

ADDITIONAL AMOUNT (Also Called Add Amount): Amount to be

paid by income execution in addition to the regular child support

obligation to satisfy the delinquency on an account.

ADJOURNMENT: Temporary postponement of the hearing until a

specic date in the future.

ADMINISTRATIVE PROCESS: Method by which support orders are

enforced by OCSS instead of by courts and judges.

AFFIDAVIT: Written statement of fact made voluntarily under oath.

ALLOCATED CHILD SUPPORT ORDER: Order that lists each party of

the order (children, spouse) with a specic amount assigned for each

dependent.

AMEND: Change to a legal document.

ARREARS: Amount of child support that is overdue and unpaid.

ASSIGNMENT OF SUPPORT RIGHTS: Agreement by a person to

turn over to the State any right to child support income that accrue

while receiving cash assistance in exchange for cash assistance and

other benets.

BASIC CHILD SUPPORT OBLIGATION: Amount of the child

support order based on a xed percentage of parental income,

GLOSSARY OF CHILD SUPPORT TERMS

before medical support and expenses for child care, and/or

educational expenses are added on.

BONUS PAYMENT: Cash assistance recipients with child support

orders may receive up to $100 per month ($200 for two or more

children receiving child support) of the child support collected in

the same month that it is owed. (See also Pass-Through Payment).

BURDEN OF PROOF: Duty of a party to produce the greater weight

of evidence on a point at issue.

CASH ASSISTANCE: Government benet providing nancial

support for very low-income individuals and families, administered

in New York City by HRA (Human Resources Administration). Cash

assistance is delivered to clients electronically by EBT (Electronic

Benet Transfer).

CASH UNDERTAKING: As the result of a court hearing, a

noncustodial parent may be ordered to pay a cash deposit to the

OCSS Support Collection Unit of up to three years’ worth of child

support payments. Payments can be taken out of this deposit if the

noncustodial parent fails to pay support regularly.

CHANGE OF CIRCUMSTANCES: Unexpected change in noncustodial

parent’s nancial situation due to injury, illness, or sudden loss of

employment that affects their ability to pay their court-ordered

child support; grounds for ling a downward modication in court.

Three years must have passed since the order was last established or

modied and there needs to be at least a 15% change in income.

CHANGE OF PAYEE: Allows for private child support payments to

be sent to OCSS for processing, record keeping, distribution, and

enforcement.

CHILD SUPPORT STANDARDS ACT (CSSA): Legislation passed in

1989 to make child support orders fair and consistent throughout

New York State by standardizing the formula for calculating basic

child support orders.

COLA (Cost of Living Adjustment): Increase to a child support order,

without a court hearing. COLA is based on changes in the Consumer

Price Index for All Urban Consumers (CPI-U), which keeps track of day-

to-day living expenses such as food, clothing, housing, etc.

Glossary

CONCURRENT JURISDICTION: An order that allows more than

one court to make decisions about and modify a child support

order. This may happen with New York State Supreme Court and

Family Court.

CONSUMER CREDIT PROTECTION ACT (CCPA): Federal law that

limits the amount that may be withheld from earnings; it takes into

consideration net income after mandatory taxes are taken out, the

amount of arrears owed, and whether an additional family is being

nancially supported.

COURT ORDER: Legally binding document issued by a court of

law. A court order related to child support will include how often,

how much, how long, and what kind of support the noncustodial

parent must pay and whether an employer must withhold support

from their wages.

CPI-U (Consumer Price Index for All Urban Consumers): Tracks

the prices of items like food, clothing and housing on an annual basis.

Cost of Living Adjustments (COLA) are based on the yearly changes in

the CPI-U.

CUSTODIAL PARENT (CP): Parent, relative, or guardian who lives

with and is the primary caretaker of the child or children.

CUSTODY: Legal determination that establishes with whom the child

shall live: the mother, father, or other adult.

DECREE: Judicial decision of a court.

DEFAULT ORDER: Child support order issued when the noncustodial

parent fails to provide sufcient information or fails to appear in court,

and proof of summons service has been provided.

DELINQUENCY: An amount of money due on a child support case

but not paid.

DEPENDENT: A child who is under the care of someone else. Most

children who are eligible for child support are dependents.

DESK REVIEW: A review requested by a custodial parent receiving

cash assistance to ensure the amount of pass-through payments

received is accurate.

DIRECT PAY ORDER: Child support order is payable directly from the

noncustodial parent to the custodial parent.

DISBURSEMENT: The paying out of collected child support funds to

custodial parents or to the Department of Social Services if the client is

receiving cash assistance.

DISMISSAL WITHOUT PREJUDICE: Petition is dismissed now but

may be taken up at a later date in court. For example, there is no

summons service.

DISMISSAL WITH PREJUDICE: The facts of a petition are found to

have no merit and the case is absolutely dismissed from court. For

example: DNA proves that the respondent is not the biological father.

DISPOSABLE INCOME: Amount of income left over after taxes and

Medicare, FICA, and pension plan payment deductions are taken out.

DNA TEST: Analysis of inherited factors to determine if a particular

man is the child’s father; DNA samples are taken from inside the cheek

of the father, mother, and child using a specially designed swab.

DOCKET NUMBER: Number assigned by the Court to identify the

case.

EBT (Electronic Benet Transfer): Method by which the New York

State Ofce of Temporary and Disability Assistance (OTDA) delivers

cash and SNAP benets to recipients. Benets are accessed using

an ID card and PIN.

EMANCIPATED: A child is not living with his or her parents and has

a source of income, or is in the military, or is married.

ENFORCEMENT: Application of remedies to obtain payment of a

child or medical support obligation contained in a child support

order. Examples of remedies include seizure of assets, suspension

of driver’s license, denial of U.S. passport, etc.

Glossary

ESTABLISHMENT: Process of proving parentage and/or obtaining

a court order to put a child support obligation in place.

EXCESS SUPPORT: When the amount of child support income

collected is more than the amount of cash assistance benets

received by a client.

FAMILY COURT SUPPORT SERVICES (FCSS): Division of OCSS that

handles the intake of local non-cash assistance child support cases.

FAMILY SUPPORT ACT: Law passed in 1988 that mandates

immediate wage withholding on child support orders and requires

states to use guidelines to decide the amount of support for each

family.

FEDERAL PARENT LOCATOR SERVICE (FPLS): Computerized

national location network service that helps states locate

noncustodial parents by matching database information; FPLS can

provide information helpful to establishing custody, parentage, and

child support and for adoption and foster care issues.

FINANCIAL DISCLOSURE AFFIDAVIT: Document given to both

parties in a child support case, requesting detailed nancial, wage,

and expense information; used by the court to determine child

support, medical support, child care, and other parts of the child

support order.

FINDINGS OF FACT: Notes and calculations used by the Support

Magistrate in establishing a child support order.

GARNISH: Legal proceeding under which part of a person’s wages

and/or assets are withheld for payment of a debt such as child

support.

GOOD CAUSE: Legal reason for which a cash assistance applicant or

recipient is excused from cooperating with child support.

HEARING: Legal proceeding held in front a judge. The judge at a

child support hearing is called a Support Magistrate.

INCOME: Any regular form of payment to an individual, regardless

of source, including salaries, commissions, bonuses, unemployment

insurance, worker’s compensation, disability, pension, or interest.

Cash assistance and SSI benets are not considered income.

INCOME WITHHOLDING ORDER (IWO): Administrative process

by which a noncustodial parent’s child support payments are

deducted directly from his or her wages or other income and sent

to the Child Support Collection Unit. May be referred to as wage

withholding, garnishment, or payroll deductions.

INCOME EXECUTION (IEX): Administrative process by which a

noncustodial parent’s child support payments are deducted directly

from his/her wages or other income and sent to the Child Support

Collection Unit. May be referred to as wage withholding, garnishment,

or payroll deductions.

INTERCEPT: Method of securing child support by taking a portion

of non-wage payments made to a noncustodial parent. Non-wage

payments subject to interception include tax refunds and lottery

winnings.

INTERSTATE CASES: Cases in which the dependent child and

noncustodial parent live in different states and when two states are

involved in some child support case activity, such as establishment

or enforcement.

JOB CENTER: Entry point for people seeking cash assistance.

Provides on-site access to job search, training, and placement

and benets such as Medicaid and SNAP, or food stamps. OCSS

receives referrals from Job Centers for clients who are required to

cooperate with the child support program.

JUDGMENT: Ofcial decision or nding of a Judge or Support

Magistrate.

JURISDICTION: The legal authority that a court or administrative

agency has over particular persons and over certain types of cases,

usually in a dened geographical area.

Glossary

LEGAL FATHER: Person who is recognized by law as the male

parent of a child. In order to be recognized as the legal father,

parentage must be established if the parents are not married to

each other.

LIEN: Claim upon property to prevent sale or transfer until a debt is

paid up.

LOCATE: Process by which a noncustodial parent is found, for

the purpose of establishing parentage and establishing and/or

enforcing a child support obligation.

LONG ARM JURISDICTION: Legal provision that permits one state

to claim personal jurisdiction over someone who lives in another

state.

LOTTERY INTERCEPT: Process by which a noncustodial parent’s

lottery prize winnings are sent to the Ofce of Child Support

Enforcement to satisfy past-due support obligations.

MEDICAL ASSISTANCE ONLY (MAO), OR MEDICAID ONLY: Form

of public assistance that provides benets to recipients only in the form

of medical, rather than nancial, assistance.

MEDICAL SUPPORT: Legal provision for medical coverage to be

included in a child support order.

MODIFICATION PETITION: Formal written application to a court

requesting a change in an existing child support order.

MONEY JUDGMENT: Specic amount of arrears set by the

Support Magistrate in a formal judgment, which accrues 9% interest

annually. A money judgment may be led with the County Clerk’s

Ofce.

NATIONAL MEDICAL SUPPORT NOTICE (NMSN): Notice sent to

the noncustodial parent’s employer requiring that health insurance

coverage be provided when available.

NEW HIRE REPORTING: Program that requires all employers to

report newly hired employees to the New York State Directory of

New Hires for possible enforcement of child support and medical

support obligations by wage deductions.

NONCUSTODIAL PARENT (NCP): Parent who does not live with and

is not the primary caretaker of a minor child.

NOTARIZE: To certify something, such as a signature, on a legal

document as authentic or legitimate by afxing a stamp and

signature.

NUNC PRO TUNC: Latin meaning ‘now for then’ – it refers to changing

the date of an order, judgment, or ling of a document, back to an

earlier date.

OBJECTION: Written claim disagreeing with specic items in an order.

Must be led within 30 days of receipt of the order.

OBLIGATION AMOUNT: The amount of child support that the

noncustodial parent is required to pay.

OFFICE OF CHILD SUPPORT SERVICES: Division of the Human

Resources Administration responsible for obtaining and enforcing

child support orders for families living in New York City.

ORDER: Written and signed direction of a Support Magistrate or judge.

ORDER OF FILIATION: Court order that establishes a legal father.

ORDER OF PROTECTION: Court directive that prohibits contact/

communications by one party to another party.

ORDER ON CONSENT: Order agreed to by both parties in an action.

At a child support hearing, the parents may agree to an order amount

that is different from the Child Support Standards Act guidelines.

PARENT LOCATOR SERVICES: Computerized network of state

databases used to locate respondents in child support cases.

Glossary

PARTY: Person or organization directly involved in a legal matter.

PASS-THROUGH PAYMENT: Cash assistance recipients with child

support orders may receive up to $100 per month (or $200 for two

or more children receiving child support) of the support collected

in the same month that it is owed; also called bonus payment.

PATERNITY OR PARENTAGE: Legal determination of fatherhood.

Paternity or parentage must be established before child support or

medical support can be ordered.

PATERNITY (OR PARENTAGE) PETITION: Formal written

application to a court requesting judicial action to determine legal

fatherhood of a specic person for a specic child.

PAYEE: Person or organization in whose name child support money is

paid (for example, the grandmother).

PAYOR: Person who makes a payment, usually a noncustodial parent

or someone acting on his/her behalf. Also known as the obligor.

PETITION: Formal written request to a court to initiate a court action.

PETITIONER: Person or organization that les a formal request to

initiate a court action.

PIN (Personal Identication Number): Unique identication number

assigned to clients to access their child support account information

from the New York State child support website (childsupport.ny.gov)

and Helpline (888-208-4485).

POVERTY LEVEL: Level of income considered too low to purchase

life’s necessities according to the federal government. The 2021

poverty level for a single person is $12,880. For each additional

person in the family, $4,540 is added. The poverty guidelines are

published annually by the U.S. Department of Health and Human

Services at aspe.hhs.gov/poverty-guidelines.

PROPERTY EXECUTION (PEX): Administrative process by which

OCSS seizes the nancial assets, usually bank accounts, of a

noncustodial parent who is delinquent in paying child support.

PRO RATA SHARE: The portion of the total amount that each

parent must pay for items included in the child support order such

as child care or unreimbursed medical expenses.

PRO SE: Latin meaning ‘for oneself’; someone who represents himself

or herself in court without an attorney.

PUTATIVE FATHER REGISTRY (PFR): Record of fathers kept by

New York State. Examples of documents stored at the PFR are

Acknowledgments of Parentage (AOPs), court orders establishing

parentage, and non-legally binding statements regarding

parentage. The PFR may be consulted on issues of inheritance,

adoption, and any other legal issues that require notifying a child’s

father.

RECIPIENT: Person or organization that receives support funds and/

or public assistance benets, including cash assistance, SNAP (food

stamps), Medicaid, etc.

RECIPROCITY: Relationship in which one state or country grants

certain privileges to other states or countries on the condition that

they receive the same privilege.

RELIEF: Legal remedy.

RESPONDENT: Person who responds to the petition; this is

whichever party is led against for relief.

RETROACTIVE SUPPORT: Child support that is ordered to be paid

back to a past date, usually the date that the petition was led.

Retroactive support creates an immediate debt.

SANCTION: Pertains to cash assistance clients who are mandated

to comply with child support. If a client does not comply, cash

assistance benets, including rental assistance, may be lowered

or stopped. Clients will not be eligible to receive or continue to

receive medical assistance for themself and will also not be eligible

to start getting help from a Rental Assistance Program.

SELF-SUPPORT RESERVE: Factor in calculating child support in

New York State when either parent is at or near the poverty level;

the self-support reserve is 135% of the federal poverty level. The

self-support reserve for 2021 is $17,388.

Glossary

STEP (Support Through Employment Program): Provides job

training and placement for noncustodial parents who are unable to

pay child support because they are unemployed or have low-paying

jobs. Referrals to STEP may be made at the child support hearing.

STIPULATION: Written agreement by parties on opposite sides of a

case.

SUMMONS: Notice stating that an action against the recipient has

been started. A summons for a child support hearing will tell the

parent where and when to show up, and what information to bring.

SUPPORT COLLECTION UNIT (SCU): Division of the Ofce of Child

Support Services responsible for the collection, monitoring, and

disbursement of child support payments.

SUPPORT MAGISTRATE: Attorney appointed by the local Family

Court who can hear testimony and make decisions in child support

cases.

SUPPORT ORDER: Court-issued order establishing child support

obligation. Support orders may be temporary or nal and subject

to modication and enforcement. Support orders may include

monetary and medical support, child care, education expenses, and

payment of arrears, interest, penalties, and other forms of relief.

TAX REFUND OFFSET: Process by which a noncustodial parent’s

federal or state tax refunds are taken to satisfy a child support debt.

TERMINATE AN ORDER: End current obligation; provide effective

end date of a child support order. Arrears must still be paid.

UIFSA (Uniform Interstate Family Support Act): Federal law

enacted in 1996 to ease the process of receiving child support

payments across state lines. It requires states to cooperate with each

other to get and enforce child support orders; permits states to enact

direct income withholding with employers in other states; prevents

multiple child support orders being issued for the same case in

different states.

VACATE AN ORDER: Set aside a previous order, as if it never existed.

WAGE WITHHOLDING: Automatic deduction from income

that starts as soon as an Income Execution notice is sent to the

employer.

WILLFUL NON-PAYMENT: The noncustodial parent deliberately fails

to pay court-ordered child support even though he/ she can afford it.

Glossary

Services. For permission to reproduce all or part of this material contact the New York City Human

Resources Administration.

BK-5 (E)

Rev. 04/2024

@NYCHRA NYCHRANYCHRA