How to Get Child Support in Brooklyn
From an Initial Court Order to Enforcement
Your child has a legal right to be supported by both parents. If you're
carrying the entire financial burden, you can petition the court for an
order compelling the child's other parent to make reasonable payments
in accordance with New York's
child support guidelines. For more than 15 years, our
Brooklyn divorce attorneys at Coffinas & Lusthaus, P.C. have helped single parents with custody
of their children get the financial help they need and deserve. Our clients include:
- Unmarried parents
- Separated parents who have the children living with them
- Divorcing parents seeking sole custody
- Custodial parents seeking enforcement of an existing court order for child support
- Noncustodial parents seeking to limit, terminate, or reduce the amount
of child support they are required to pay
Contact Coffinas & Lusthaus, P.C. today
at (718) 717-1005.
The New York Child Support Petition Process
The process starts when the custodial parent files a petition with the
court requesting child support. Often, this petition is part of an action
for divorce and may include a request for
pendente lite (temporary) support, until the court issues a final order. Other times,
an application to establish child support, terminate child support, or
increase or decrease a prior order of support can be filed on its own.
To help the court determine how much child support to award, both parents
must submit financial information, including their most recent tax returns,
their pay stubs, and sometimes proof of expenses, such as rent, food,
clothing, as well as costs for education, medical, and child care. The
court uses a complex formula to determine how much the noncustodial parent
must pay in child support.
When the court makes its determination and renders an order, you have up
to 30 days to file an objection (if the order was issued by the Family
Court) or to file an appeal if the order was issued as part of a divorce.
The other parent gets an opportunity to reply. After all appellate remedies
have been exhausted, the remaining order is final and enforceable.
Establishing Paternity to Obtain Child Support
You can't apply for an order of child support unless the identity of
your child's father is legally established. This is the first step.
The people who can file for a paternity case are the child's mother,
the man who believes he's the father, the child, the child's guardian,
and the Department of Social Services, if the child receives public assistance.
Coffinas & Lusthaus, P.C. can help you file a petition for paternity
in your local court.
As the individual initiating the case, you are known as the petitioner,
and the other parent is known as the respondent. To establish paternity,
a mother can request the putative father to complete an Acknowledgment
of Paternity and file it with the birth registrar. If the father chooses
to dispute paternity, the court can order a DNA test. If the DNA test
or other factors establish paternity, the mother can request that the
court order the father to pay child support.
Get help with your child support petition by calling our Brooklyn family lawyers!
Coffinas & Lusthaus, P.C. helps custodial parents get fair child support
awards in the five boroughs, Westchester, and Nassau. We intentionally
limit our caseloads, so
call today at (718) 717-1005. We look forward to helping you reach the favorable
outcome for which you have been searching.