What happens at a New York Child Support Hearing?
In New York State, Child support orders are determined by hearing examiners, also referred to as support magistrates. The hearing examiners issue an order of support based on the facts presented during the child support hearing. If either party disagrees with the child support order, they have the right to file an objection to the order.
How do I file an objection to a child support order?
You must file your objection within 30 days of when the order was entered. Failing to file within the 30-day period waives your right to object. To file an objection you need:
- A copy of the signed child support order;
- The “finding of facts” by the hearing examiner which were the facts that were used to make the Child support determination. You can obtain a copy by asking the court clerk or going to the record room for the courtroom where your order originated;
- Obtain an objection form from your county’s family court
- Bronx: 8th flr, Room 8C-6 (the Appeals/Objections Room)
- Brooklyn: 5th Flr, Child support petition room
- Manhattan: 1st Flr, Rom 1C-13
- Staten Island: 1st Flr, Record Room
- Rochester: 2nd Flr, Room 262 (Child Support Clerk’s office)
- All other counties can be found here
- You must serve the other party with a copy of the objection. (more information about service of legal papers in New York State can be found here)
- After having the party served, you must have the affidavit of service filled out and notarized
- Take all of the above documents back to where you picked up the original objection forms.
If I receive an objection to a child support order, what can I Do?
Once you are served with an objection to a child support order, you have 13 days to file a rebuttal to the objection. A rebuttal is basically an objection to the objection. The rebuttal must state the case information as well as the reason why you oppose the objection. The rebuttal must be served on the other party in the same manner as described above. More information about objections and rebuttals can be found here.
When will the Judge decide on the objection/rebuttal?
The judge should make a decision on the matter within 15 days. However, it is quite common for judges to take much longer depending on the county of the New York State Family Court. The court will send you a letter informing you of their decision and, if the child support order has been modified, they will send an updated New York State Child Support order.
I received the judge’s decision on my objection or rebuttal and I disagree with their decision.
If you disagree with the Judge’s decision, you have the right to file an appeal with the New York State Appellate Division of the Supreme Court. More information on appealing family court decisions can be found here.
Jason C. Bost, Esq. is a New York State Licensed attorney focusing on Family Law, who understands child support and custody issues from a Father’s Perspective and has helped many people with these issues.
New York Child Support Basics – Part 1