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A custodial parent may file a petition with their local child support agency. That petition will then be forwarded to the New York City Law Department office in the county where the non-custodial parent resides. This matter will then be litigated in the New York City Family Court located in the same borough.
If you filed the petition, someone other than you must serve the papers to the other party. This individual must be over the age of 18 years old and cannot be a party to the case (e.g., a child). If you prefer, you can also hire either a “Process Server” or the New York City Sheriff's Office to serve the papers.
Download the Child Support Application (Form LDSS-3433) from the New York State Child Support website. Complete the form, attach all required documents, and mail it to the appropriate Child Support Office. Regardless of the filing method chosen, accurately complete the Child Support Application (Form LDSS-3433).
The three-step formula for calculating NY child support is: 17% for one child. 25% for two children. 29% for three children. 31% for four children.
Yes, the judge can order an amount you agreed on that is different from the statutory calculation. You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties. The court wants to be sure parties understand the rights they are waiving.