How to File for Child Support in New York

Overview: Two Pathways to File

In New York, there are two primary ways to establish and enforce a child support order:

1. Apply for services through your local Support Collection Unit (SCU) – This is the recommended route for most custodial parents. The SCU provides free services including locating the other parent, establishing paternity if needed, calculating support, petitioning the court for an order, and enforcing that order through income withholding and other mechanisms.
2. File a petition directly with Family Court – This route gives you more direct control over the process but requires completing court forms, potentially hiring an attorney, paying filing fees (unless waived), and handling service of process yourself. This is typically used when you want to pursue a case independently or when you are already involved in other Family Court proceedings (e.g., custody).

Both routes result in a court order enforceable under New York's Family Court Act § 413 and Domestic Relations Law § 240. The calculation method (CSSA) is the same regardless of which pathway you choose.

Step 1: Choose Your Filing Route

Step 2: Gather Required Documents

Regardless of which route you choose, you will need to provide comprehensive documentation to establish the child support order. Gather the following:

Step 3: Complete Application or Petition

If Filing Through SCU:

Contact your local SCU to begin the application process. Many counties offer online applications, or you can apply in person or by mail.

• Online: Visit OTDA Child Support Program for online application links and county-specific instructions.
• In Person: Visit your county's SCU office. Find your local office at OTDA County Contacts.
• By Mail: Download the application form from your county's SCU website, complete it, and mail it with supporting documents.

The application will ask for detailed information about both parents, the child, income, expenses, and existing court orders. Be as complete and accurate as possible.

If Filing Directly with Family Court:

You will need to complete the following forms:

• Form 4-1a: Support Petition – This initiates the child support case. Download from NY Courts Child Support Forms.
• Child Support Worksheet – A detailed calculation showing each parent's income and the proposed support amount.
• Financial Disclosure Affidavit – Sworn statement detailing your income, expenses, assets, and liabilities.

Forms must be completed in full, typed or neatly printed, and signed under oath (notarized if required).

Step 4: Submit Your Application/Petition

SCU Route:

Submit your completed application to the SCU by the method you chose (online, mail, or in person). The SCU will review your application and contact you if additional information is needed. Once the application is complete, the SCU will open a case and begin working on your behalf to establish paternity (if needed) and obtain a support order.

Family Court Route:

File your completed petition and supporting documents with the Family Court clerk in the county where you or the other parent resides. You will need to:

1. Bring the original petition and at least two copies.
2. Pay the filing fee (typically $45) or submit a fee waiver application (Form UCS-800 in most counties) if you cannot afford the fee.
3. The clerk will stamp your petition "filed" and provide you with a court date and case number.

Step 5: Serve the Other Parent

SCU Cases: The SCU typically handles service of process for you. The other parent will receive a notice to appear at an SCU conference or court hearing.

Family Court Cases: You are responsible for arranging service. In New York, service of a Family Court petition must be done by:

• Personal Service: Someone over 18 (not you or a party to the case) hand-delivers the petition to the other parent.
• Certified Mail: Send the petition via certified mail, return receipt requested.

The person serving the documents must complete an Affidavit of Service and file it with the court. Proof of service is required before the court can proceed.

Step 6: Attend Court Hearing or SCU Conference

Both you and the other parent will be notified of a court date or SCU conference. Attendance is mandatory. Bring:

• All income documentation (pay stubs, tax returns, etc.)
• Proof of childcare and health insurance costs
• Child's birth certificate
• Any existing court orders
• Photo ID

At the hearing or conference:

• The court or hearing officer will review both parents' income and calculate child support under the CSSA.
• Both parties may present evidence and testimony.
• If paternity is disputed, the court will order genetic testing.
• The court will issue a temporary order (if appropriate) and schedule additional hearings if needed.

Many cases are resolved at the first hearing through agreement. If the parties cannot agree, the court will make a determination after hearing evidence.

Step 7: Obtain and Enforce the Order

Once the court issues a child support order:

• Review the Order: Ensure all details are correct, including the support amount, payment frequency, and add-on expenses.
• Enroll the Order: The court will file and enter the order. SCU cases automatically include income withholding orders.
• Income Withholding: If you used the SCU, income withholding is automatic. The SCU sends an Income Withholding Order to the obligor's employer. If you filed independently, you may need to request income withholding separately.
• Keep Records: Maintain copies of the order, all payment receipts, and correspondence.
• Enforcement: If the obligor fails to pay, the SCU (if involved) will initiate enforcement actions. If you filed independently, you may need to petition for enforcement or apply for SCU services retroactively.

Special Circumstances

Establishing Paternity

If you were never married to the father and he is not listed on the birth certificate (or disputes paternity), you must establish legal paternity before a support order can be issued. The SCU provides free paternity establishment services, including:

• Voluntary Acknowledgment of Paternity (AOP): Both parents sign a form acknowledging paternity. This is the fastest method.
• Genetic Testing: If paternity is disputed, the court orders DNA testing. If the test shows a 95%+ probability of paternity, the court issues an Order of Filiation establishing legal paternity.

Modifying an Existing Order

If you already have a support order and circumstances have changed significantly (e.g., income change, change in custody), you can petition for a modification. See our New York Modification Guide for details.

Interstate Cases (UIFSA)

If the other parent lives in a different state, New York uses the Uniform Interstate Family Support Act (UIFSA) to establish and enforce orders across state lines. Contact your local SCU for assistance with interstate cases.

Calculate Your Support Amount

Before filing, use our free New York Child Support Calculator to estimate your CSSA guideline amount. This helps you understand what to expect and prepare accurate financial documentation.

Frequently Asked Questions