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.

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