Uniform Support Petition

Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.

If you would like to apply for child support services, you can get an application by: DOWNLOADING an application at childsupport.ny.gov OR.

The petition for child support is available on a form which you can obtain at the Family Court Clerk's Office or at the Support Collection Unit (SCU) at your local Department of Social Services. In some counties, the Probation Department also has forms and someone who may be able to help you fill out the paperwork.

The Uniform Support Declaration must be completed when the payment of child or spousal support is or could be an issue in the case. The USD provides basic information about expenses and ability to pay.

The UIFSA forms' matrix, included in the standard Federal interstate forms packet, directs which forms are to be used when requesting a specific action under UIFSA.

The Uniform Support Petition is a legal pleading needed to initiate an action in the responding tribunal. Its purposes are to assert that the tribunal has jurisdiction, to show enough facts to notify the respondent of the claim being made, and to provide the petitioner with a means to request specific action or relief.

The process of applying for a change of assessment takes about 3 months. An application for change of assessment may apply to a period going back 18 months from the date the application is made.

The court may issue an arrest warrant if the noncustodial parent fails to appear in court for a violation hearing or falls seriously behind in child support payments. In certain cases of willful nonpayment of child support, the delinquent parent may go to jail for up to six months.