Family Court Act, Article 4, Support Proceedings Part 2, § 426: Issuance of summons
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 in accordance with Family Court Act, Article 4, § 423. As the person filing the petition, you are referred to as the petitioner, while the person from whom you are requesting support is the respondent. The petition for support must be served upon the respondent, along with a summons indicating the date of the court hearing. Family Court Act, Article 4, § 426 states that once a petition is filed, the Court may issue a summons requiring the respondent to show cause why the order of support should not be issued. The following information should be in the summons or attached to the summons:
- That the respondent's failure to appear will result in an entry of an order of default;
- That the respondent must provide the court with a proof of his or her income and assets;
- That a temporary or permanent order of support will be made at the hearing on the return date;
- That the respondent's failure to appear may result in the suspension of his or her driving privileges, professional licenses, or recreational licenses and permits.
Robbie and Suzie are parents to 8-month-old Lulu. Robbie and Suzie dated for several years, but never married. They recently broke up. Since the break up Robbie has been inconsistent in sending Suzie money to help take care of Lulu. Suzie decided to get a child support order. Suzie completed a petition for child support. She then arranged for a summons along with the petition to be served to Robbie. If Robbie is properly served and still fails to show up, the court will issue an order of support in his absence. In addition, if he does not show up he risks his driver's license being suspended.Related Statutory Provisions
- Service of summons: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 427
- Issuance of warrant; certificate of warrant: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 428
- Sequestration of respondent's property: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 429
- Temporary order of protection: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 430
- On the filing of a petition under this article, the court may cause a copy of the petition and a summons to be issued, requiring the respondent to show cause why the order of support and other and further relief prayed for by the petition should not be made.
- The summons shall contain or have attached thereto a notice stating: (i) that a respondent's failure to appear shall result in entry of an order of default; (ii) that the respondent must provide the court with proof of his or her income and assets; (iii) that a temporary or permanent order of support will be made on the return date of the summons; and (iv) that a respondent's failure to appear may result in the suspension of his or her driving privileges; state professional, occupational and business licenses; and recreational licenses and permits.
If you are involved in a child support dispute or have been served with a child support summons, you must be properly prepared for the support hearing. To ensure that you are properly prepared and to ensure that your rights are protected, it is important that you are represented by someone with experience. 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: