Family Court Act, Article 4, Support Proceedings Part 2, § 423: Petition; prior demand not required

If you would like to secure a child support order, you must go to Family Court and request one. You are required to complete a child support petition and submit it to the Support Magistrate or to the Family Court. According to Family Court Act, Article 4, § 423, to initiate support proceedings you, as the petitioner, must file a petition, naming the person from whom you are seeking support as the "respondent." The petition for support must be served upon the respondent, along with a summons indicating the date of the court hearing.

Example

A petition filed by DHS on behalf of Alexis B., the mother, requesting an Order of Support against Steven S., the "putative father" for the child, Symere S. However, the petition was dismissed by the Support Magistrate because it did not include proof of paternity. DHS objected to the dismissal. Upon reviewing the case, the Court noted that the Family Court Act only requires that the petition be made on "information and belief." The court stated the petition was signed by the commissioner of social services and was clearly based on "information and belief," which is the standard for the pleading stage of the support proceeding. As a result the petition was reinstated. Alexis B. v. Steven S. 2009 NY Slip Op 29552 (N. Y. Fam. Ct., 2009)

Related Statutory Provisions
  1. Married person's duty to support spouse: New York Family Court Act, Article 4, Support Proceedings, Part 1, § 412
  2. Parents' duty to support child: New York Family Court Act, Article 4, Support Proceedings, Part 1, § 413
  3. Probation services New York Family Court Act, Article 4, Support Proceedings, Part 2, § 424
  4. Agreement to support: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 425
Family Court Act, Article 4, Support Proceedings, Part 2, § 423: Petition; prior demand not required

Proceedings under this article are commenced by the filing of a petition, which may be made on information and belief. The petitioner need not make a demand upon the respondent for support as a condition precedent to the filing of a petition for support. Any such petition for the establishment, modification and/or enforcement of a child support obligation for persons not in receipt of family assistance, which contains a request for child support enforcement services completed in a manner as specified in § one hundred eleven-g of the social services law, shall constitute an application for such services.

New York Child Support Lawyer

If you have a concern related to child support it is important that you contact someone with experience. New York child support laws are complicated, involving not only Family Court procedure, but the rules regarding calculating support. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York Family Court in matters related to child support enforcement, child support reduction, and other types of issues related to support. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those involved in child support matters in the following locations:

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