Family Court Act, Article 4, Support Proceedings Part 2, § 428: Issuance of warrant; certificate of warrant
In order to get a legally enforceable child support order, you must go to Family Court and petition the court for such an order. After you submit a child support petition the court will issue a summons that must be served to the person from whom you are seeking child support, referred to as the respondent. According to Family Court Act, Article 4, § 427 the ideal manner of service is personal service. This means that the process server personally serves the documents to the respondent at the respondent's residence at least 8 days prior to when the respondent must appear in court. Service can also be effected by giving the documents to a person of suitable age at the respondent's residence or place of business and mailing a copy to the respondent's last known address. Another option is to mail the summons and petition to the respondent and getting proof that the respondent received the documents. The consequences of evading service are serious. You could be arrested and hauled into court. According to Family Court Act, Article 4, § 428 a warrant will be issued for your arrest if:
- The summons cannot be served,
- The respondent has failed to obey the summons,
- The respondent is likely to leave the jurisdiction,
- The court feels that a summons would be ineffectual,
- The safety of the petitioner is endangered, or
- The respondent is on bail or on parole and has failed to appear.
- Service of summons: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 427
- 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
- The court may issue a warrant, directing that the respondent be arrested, brought before the court, when a petition is presented to the court under § four hundred twenty-three and it appears that (i) the summons cannot be served, or (ii) the respondent has failed to obey the summons; or (iii) the respondent is likely to leave the jurisdiction; or (iv) a summons, in the court's opinion, would be ineffectual; or (v) the safety of the petitioner is endangered; or (vi) a respondent on bail or on parole has failed to appear.
- The petitioner may not serve a warrant upon the respondent, unless the court itself grants such permission upon the application of the petitioner. The clerk of the court may issue to the petitioner or to the representative of an incorporated charitable or philanthropic society having a legitimate interest in the family a certificate stating that a warrant for the respondent has been issued by the court. The presentation of such certificate by said petitioner or representative to any peace officer, acting pursuant to his special duties, or police officer authorizes him to arrest the respondent and take him to court.
- A certificate of warrant expires ninety days from the date of issue but may be renewed from time to time by the clerk of the court. (d) Rules of court shall provide that a record of all unserved warrants be kept and that periodic reports concerning unserved warrants be made.
If you are involved in a child support dispute, it is important that the procedural rules are followed. To ensure that you understand how the child support process works and to ensure that your rights are protected, it is critical 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: