Court Information

Going to court?

If you will be attending a court hearing soon, review this information about how you can prepare in advance, what you may experience at the hearing, and how you may need to follow up afterwards.

To see current operating hours and procedures for the Family Court in your county, visit the New York State Unified Court System.

Make sure you are prepared so that you—and your children—don't lose out.

The Court will send you and the other party to your case a summons and a copy of the child support petition by mail or email. The Court may also send a Financial Disclosure Affidavit. The summons will include the date, time and location of the hearing and state whether the hearing will be held in-person or virtually.

If you are sent a Financial Disclosure Affidavit, you must provide detailed information about your income and expenses. Make sure you bring or submit documents such as your:

• Most recent W-2
• Current pay stubs
• Most recent tax returns
• Mortgage statement or rent receipt
• Medical cost information
• Childcare bills

Know what to expect at the hearing.

Whether you are attending your hearing in-person or virtually, here's what to expect.

In some cases, a lawyer or representative from the Department of Social Services (DSS) or the Support Collection Unit may be at the hearing. If so, the person is there on behalf of the Child Support Program—they do not represent you or the other party.

The Support Magistrate will review documents and listen to testimony provided by both parties. If the purpose of the hearing is to determine parentage, the Support Magistrate may order blood or DNA tests of both parties and the child. If the purpose of the hearing is to establish or modify a support order, the Support Magistrate will calculate the amount of support the paying parent must pay to the other party and enter an Order of Support. The order is calculated using the child support guidelines (PDF) and should be based on the paying parent's ability to pay. The Support Magistrate will also set when and how often the payments are due.

If there is an agreement between the parties, the Support Magistrate may enter an Order of Filiation or an Order of Support on Consent.

Delivering legal papers is called service of process. It is the responsibility of the petitioner to arrange for service of any legal papers that cannot be mailed. A party in the case can never serve legal papers.

If the legal papers were not served, or if the Support Magistrate is not able to enter an Order of Support, the case may be adjourned (postponed to a later date). The Support Magistrate might adjourn the hearing if you need time to serve papers, submit more documentation, get a lawyer, or find a job. But you may still get support (or have to pay support) in the meantime—the Court may issue a temporary Order of Support until there is a final Order of Support.

What happens after the hearing?

Orders of support issued by the Court are usually paid through the Support Collection Unit. The order is given to the Child Support Enforcement Unit to set up a child support account. If you have not already completed a request or application for services, you will likely be asked to do so now.

If you are the paying parent, the Support Collection Unit will issue an income withholding order (IWO) to your employer. The IWO requires your employer to take your support payments from your paycheck and send them to the New York State Child Support Processing Center. Until an income withholding order is in place, you must still make your child support payments—you can pay by check, money order, or online. If you change employers, stop working, or begin a new job, you are encouraged to call the NYS Child Support Helpline at 888-208-4485 (TTY: 866-875-9975) to report the change. You can also call the NYS Child Support Helpline at 888-208-4485 (TTY: 866-875-9975) or email your local Child Support Office if you have any questions.

Key terms

Financial Disclosure Affidavit

An official document describing a person's income and expenses

Order of Support

An order entered by a support magistrate or judge, directing that a specified amount of money be paid to the petitioner for a child

petition

The written document that forms the basis for a court proceeding

summons

Legal papers that tell a person to come to court on a certain date and at a certain location

Support Magistrate

Person who can hear and decide parentage, child support, and spousal support issues in Family Court

testimony

Evidence that a witness gives under oath at a trial or hearing, in an affidavit, or at a deposition