The following provides information about child support services, who can apply for services, how support is established, information parents need to provide to obtain services, and contact information for the program.
The Child Support Enforcement Program can work with you to:
• Find a noncustodial parent.
• Establish legal fatherhood for a child.
• Obtain a support order from court for a child, including provision for health care coverage.
• Collect child support payments from the noncustodial parent.
• Enforce unpaid child support.
• Review your support order for more support based on cost of living adjustment.
• Take any of these actions across state lines.
Who is eligible for services?
Any parent, guardian, or caretaker of a child for whom child support is needed. If you are an applicant for, or a recipient of, public assistance for a child, child support services are automatically provided unless seeking child support services may result in physical or emotional harm to you or your child.
What are child support services?
Once you apply, the following services are provided by the program. These services are available whether the noncustodial parent lives in or outside of New York State. A $25 dollar annual service fee will be charged when you receive child support services in any year if you have never been in receipt of Temporary Assistance for Needy Families (TANF) and child support collects at least $500 for you during the federal fiscal year which begins October 1st each year.
Location of Noncustodial Parents
Computer and local searches are used to find the noncustodial parent, if you do not know where he or she lives or works.
Paternity Establishment
If needed, they will help you establish legal fatherhood either by voluntary acknowledgment or through family court by filing a petition to establish paternity. The program also arranges for DNA testing to aid in making a determination about paternity.
Support Establishment
To get the child support you are legally entitled to you need a support order from the court. The program will help you file a petition with family court to get a support order that is based on the following child support guidelines.
Percentages:
The basic child support obligation paid by the noncustodial parent is set at a fixed percentage of parental income, depending on how many children are involved.
1 child…………………………………..17%
2 children……………………………..25%
3 children……………………………..29%
4 children……………………………..31%
5 or more…………………at least 35%The percentage guideline is applied to almost all parental earnings up to $80,000 (minus certain local and social security tax amounts). This includes workers’ compensation, disability payments, unemployment benefits, and many other forms of income. After $80,000, the court determines whether or not to use the percentage guidelines, and it may consider other factors in setting the full support award.
Additional Amounts:
The court must increase the basic child support obligation to cover any future reasonable health care expenses not covered by insurance. The basic award must also be increased to cover reasonable child care expenses if the custodial parent is working, or in school, or in a vocational training program. In addition, the court may increase the basic award to cover the reasonable educational expenses of the child.
Support Collection
The noncustodial parent will be ordered to pay child support to the Support Collection Unit (SCU). The SCU will keep track of the payments and promptly send them to the custodial parent. Parents may obtain payment information using their personal identification number (PIN) by calling (800) 846-0773 or visiting newyorkchildsupport.com. If you do not have a PIN, please call (888) 208-4485.
Support Enforcement — Administrative
The SCU will enforce the order automatically through payroll deductions and collect unpaid support by taking tax refunds, lottery winnings, seizing bank accounts, suspending driver’s licenses, suspending or denying passports, and notifying credit reporting agencies of child support arrearages. The SCU can refer the case for collection to the New York State Department of Taxation and Finance.
Support Enforcement — Court
When administrative enforcement is not successful, the SCU can assist you in filing an enforcement petition with the family court. The court has a number of powers to enforce child support including: ordering money judgments; ordering that hearings take place to suspend state issued business, professional, recreational, or occupational licenses; or issuing probation or jail sentences.
Health Insurance Benefits
Establishment and Enforcement
Your child is legally entitled to health insurance coverage, if it is available from you or the noncustodial parent. The SCU will help you file a petition with family court to get this coverage and enforce it if it is available through the noncustodial parent’s employer.
Review and Adjustment
The SCU can periodically review your support order upon your request and if eligible, apply a cost of living adjustment to the child support amount.
Modification
The SCU can assist you in filing a petition to modify your child support order based on changes in circumstances.
How can you help the SCU help you?
When you call the Customer Service Helpline or visit your local Child Support Enforcement office, be prepared to provide them with as much information about yourself, the child(ren), and the noncustodial parent as you can. The more information you provide the faster they will be able to assist you.
Provide the noncustodial parent’s:
• Full name and date of birth.
• Current or last known address and phone number.
• Current or last known work address and phone number.
• Social Security number (look on old pay stubs, tax, military, or medical records).
• Income information (tax records, pay stubs, bank and business records).
• Health care coverage information.
Provide other helpful information such as:
• The child’s birth certificate.
• Acknowledgment of paternity or order of filiation.
• Your marriage license.
• Your divorce decree or separation agreement.
• Any child support orders you already have.
• Your income information (tax records, pay stubs, bank records).
• Information about your child-related expenses and the child’s needs.
• Information about health care coverage available to you
How do you contact the Child Support program?
For general information regarding the Child Support program call (800) 846-0773 or if applying for services or inquiring about a specific case call (888) 208-4485. Or, you may visit newyorkchildsupport.com
The above information is an excerpt from an article entitled Division of Child Support Enforcement – Publications and Forms published by the NYS Office of Temporary and Disability Assistance. The full article can be found here.