This article will provide guidance on How to Initiate and Manage Child Support Case in NYS. Navigating through the complexities of child support cases requires a clear understanding of the legal procedures involved. This guide provides insights on initiating a child support case in New York State and highlights the process for serving legal papers during the case. Click here for information on How Rush Process Service Can Expedite Your Case.
Starting a Child Support Case
Step 1: Determine the Filing Location
Typically, you should file child support cases in the county where the child and the custodial parent reside. However, if the non-custodial parent lives in another state, you might need to file the case in that state. Click here for How Child Support Modification Works in New York: A Guide.
Step 2: Collect Necessary Information
Before filing, collect all necessary information about the non-custodial parent. This collection should include their name, address, Social Security number, and details about their income and employment. The more information you collect, the smoother the case processing will be. Click Here for Frequently Asked Questions About Process Servers!
Step 3: File a Petition
To start the case officially, file a petition for child support in NYS, the appropriate court. This petition should outline your request for child support from the non-custodial parent. You can obtain the necessary forms from the Family Court in your county or the New York State Unified Court System’s website. Click here for information on How Process Servers Protect Your Rights: Myths Debunked
Step 4: Serve the Non-Custodial Parent
After filing the petition, you must serve the non-custodial parent with the court papers. This step notifies them about the child support case and gives them a chance to respond. A third party who is not involved in the case must perform this service according to New York State law.
Delivering Legal Papers During the Case
Correctly serving legal papers is crucial once you have initiated the child support case.
Personal or Mail Delivery
You can deliver all necessary legal papers to the other side either in person or by regular mail, before submitting the original papers to the court. This procedure includes documents like affidavits of service.
Special Instructions for Orders to Show Cause
You must serve Orders to Show Cause according to the judge’s specific instructions, which may vary based on the case details. Click here for information on How To Serve An Order To Show Cause In New York
Serving a Represented Party
Serve papers at the address the lawyer has listed on the legal documents if the other side has legal representation.
Proof of Delivery
You must file proof of delivery, typically through an Affidavit of Service, with the court. It’s important to note that someone not involved in the case must perform this service.
Consequences of Improper Delivery
Improper service can lead to case dismissal. The court may not consider the legal papers valid and may dismiss the case if not served as required. However, the plaintiff can correct the service and restart the case.
Conclusion
Successfully navigating child support in NYS involves understanding the filing process and ensuring all legal papers are correctly served throughout the process. Adhering to these guidelines will help ensure your case proceeds smoothly, leading to a fair and enforceable child support order.
OFFICE LOCATIONS
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022 Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201 Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375 Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556 Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606 Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830 New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302 Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK CITY
Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Child Support process service needs; no job is too small or too large!
Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.
“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A
This article will provide guidance on how child support sanctions work in the District of Columbia. State and local governments, not the federal government, are often in charge of enforcing child support obligations. Federal jurisdiction only comes into play in a child support case under extremely specific conditions. As a result, child support problems should be brought to the attention of the appropriate state and municipal authorities.
Child support may be collected via a number of civil and criminal procedures available in each state. Child support enforcement services are provided by ‘Title IV-D‘ agencies in each state, which are mandated by federal law to offer such services to anybody who wants them.
BACKGROUND ON CHILD SUPPORT SANCTIONS IN the district of columbia
It was feasible to enforce child support payments on an individual level after the Child Support Recovery Act of 1992 was signed into law. It was the goal of the Child Support Recovery Act to punish the worst offenders and discourage future non-payment of court-ordered child support obligations. Some law enforcement agencies felt that modest misdemeanor penalties under the Child Support Recovery Act did not have the power necessary to discourage even severe offenders, despite the fact that federal prosecution efforts were successful under the Act.
When it came to enforcing the Child Support Recovery Act, a solution was found in the Deadbeat ParentsPunishment Act (DPPA). New federal crimes were established for the most severe child support offenders under this legislation. Willful non-payment of child support imposed by a court is prohibited under federal law in certain situations. Those found guilty risk penalties such as fines and jail.
CHILD SUPPORT SANCTIONS VIA MOTION FOR CONTEMPT IN the district of Columbia
One method of enforcing a child support order is to file a petition for contempt. A motion for contempt may be brought against a party that flouts a court order. It is possible to be found in contempt of court for breaking the conditions of an order. If the other party does not pay child support or adhere to the custody arrangement, for example, a petition for contempt may be filed. There are two types of contempt: civil and criminal.
In civil contempt, the aggrieved parent must prove that[A.]there exists a valid child support order filed with the D.C. family court; [B.] the non-custodial parent can pay the child support amount, and [C.] the non-custodial parent is in arrears thirty days or more.
The court may order the non-custodial parent to then pay a lump sum amount, or make scheduled payments. If this is not done, then the non-custodial parent may even be incarcerated.Non-custodial parents may be in criminal contempt if they deliberately violate the court order and all other enforcement measures fail to work. The court may impose sanctions on the non-custodial parent, including a sentence of up to one year in jail, probation; or payment of a fine.
HOW TO ENFORCE A CHILD SUPPORT ORDER IN the district of columbia
A child support order may be enforced by the Attorney General’s Office’s Child Support Services Division (CSSD), which can attach and seize assets belonging to individuals who owe child support and are held in financial institutions. Without a court warrant, seizures are possible. A Writ of Attachment is first issued by the Child Support Services Division, and then all monies are placed in escrow. The Child Support Services Division issues an Order of Condemnation to the financial institution if a review by the Child Support Services Division does not result in the withdrawal of the Writ of Attachment. The Office of Administrative Hearings must be contacted within thirty days after receiving an Order of Condemnation if individuals want to seek a hearing for adequate District of Columbia Process Service.
RESUMING CHILD SUPPORT SANCTIONS IN the district of columbia
In response to the National and District Emergency Declaration Regarding COVID-19., the Office of The Attorney General Child Support Services Division (CSSD) suspended the enforcement of administrative sanctions for non-payment of child support in March 2020. From November 1st, 2021, the Child Support Services Division has decided to reinstate all administrative sanctions. The office may be contacted via telephonic or mail methods for the District of Columbia Process Service.
Failing to follow the Court’s order to pay support may result in [A.] suspension of the driver’s license; [B.] suspension of the vehicle registration; [C.] suspension of their passport; [D.] filing of Civil or Criminal Contempt of Court; [E.] federal and State Tax intercept; [F.] freezing of bank accounts; [G.] lottery Intercept; [H.] liens on the property of the individual; [I.]Credit Bureau Reporting; [J.] disability withholding / Worker’s Compensation intercept and other Administrative Offsets to certain federal payments
RESUMING TANF SANCTIONS IN the district of Columbia
In response to the National and District Emergency Declaration Regarding COVID-19 and similar to sanctions preserved for child support, the Office of The Attorney General Child Support Services Division (CSSD) suspended the practice of reporting non-compliant TANF customers to the Department of Human Services (DHS) to prevent a reduction in TANF benefits in March 2020.
There is a resuming of seeking TANF Sanctions for non-compliant TANF customers from November 1st,2021. Failing to comply with the District of Columbia Process Service requirements of completing the Child Support Online Application and providing information on the non-custodial parent may result in a reduction of TANF benefits.
HOW DO ADMINISTRATIVE SANCTIONS WORK IN the district of Columbia
It must be known that according to the administration sanctions levied by the District of Columbia, no car registration or driver’s license will be renewed or issued to an individual who fails to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving notice via District of Columbia Process Service. This is also applicable to any individual currently receiving income with overdue child support amounting to a sum of sixty days’ cumulative support. If the individual continues to flout the child support laws, any car registration or driver’s license that has been issued to the person who is receiving income who is in default of around sixty days of support payments will be suspended.
Although this is mostly for a driver’s license, the suspension is also applicable to a professional, business, recreational, or sporting license as well. None of these licenses will be renewed or issued in the District of Columbia if the individual fails to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving notice of the same through the District of Columbia Process Service. Furthermore, this provision suspending these licenses would also be applicable for individuals in default of their child support payments.It should be known here that before actually incorporating any of these suspensions, the individual who is defaulting will be entitled through District of Columbia Process Service to an administrative hearing before the mayor.
In any contested case, the parties are given reasonable notice under District of Columbia Process Service guidelines of the afforded hearing by the agency. For a hearing of this type, it is necessary to provide [A.] time, [B.]place, and [C.] issues involved. However, depending on the procedure, the Mayor will determine if issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary. This is a temporary provision, as the issues will be fully stated as soon as possible, and all parties can then present evidence and argument accordingly. There is also no preclusion preventing any contested case from being disposed of by stipulation, agreed settlement, consent order, or default.
Upon receipt of a District of Columbia Process Service notice from the Mayor that a license is subject to denial, the licensing agency will deny or suspend the license within thirty days. The obligor may appeal the final decision of the Mayor to the Superior Court in accordance with the methods and standards of appeal.
NOTICE TO THE DEFAULTER IN the district of Columbia
It is imperative for adequate District of Columbia Process Service notice to be provided to the individual. The Mayor should provide a stipulated thirty days written District of Columbia Process Service notice to the obligor before denying or suspending the car registration or the driver’s, professional, business, recreational, or sporting.
The notice must adhere to District of Columbia Process Service standards and should delineate [A.]that the obligor has the right to a hearing before the Mayor; [B.] how, when, and where the District of Columbia Process Service notice can be contested; [C.] the amount owed; [D.] the date on which the obligor failed to comply with a subpoena or warrant, if applicable, and the nature of the obligor’s noncompliance; and [E.] that the licensing authority shall deny issuance or renewal, or suspend the registration or license, thirty days after the issuance of a decision against the obligor by the Mayor following the hearing.
The license suspension will continue according to the trajectory provided by the mayor unless the individual who owes overdue child support pays the arrearage in full. This also applies to if the individual agrees to and follows duly a payment schedule requiring them to make monthly child support payments toward the overdue support. This new payment schedule must have installments that come up to an amount equal to 25% of the obligor’s current monthly child support obligation for as long as they are is receiving income. If the obligor fails to comply with the payment schedule after thirty days, but before the arrears are paid in full, denial or suspension shall take place immediately and without further notice.
Any individual who has failed to comply with a subpoena or warrant relating to paternity or child support proceedings complies with all processes required by the Superior Court or IV-D agency for thirty days; or who is receiving income, owes at least sixty days of overdue child support, and has failed to comply with a District of Columbia Process Service document (subpoena or warrant related to paternity or child support proceedings) shall not be entitled to an additional hearing or review regarding the denial or suspension of the license.
The Mayor will also provide the individual with the opportunity to demonstrate why their registration or license should not be denied or suspended according to District of Columbia Process Service guidelines. The only issues to be determined would be [A.] whether the person named in the court notice is a licensee or applicant, has their car registered in the District of Columbia, and seeks to have a car registration issued or renewed; [B.]if the arrearage has been paid in full, or whether a payment schedule has been agreed to and complied with if the basis for denial or suspension is failure to pay overdue child support; [C.] whether the obligor is currently receiving income if the basis for denial or suspension is failure to pay overdue child support; [D.]if the individual failed to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving notice; and [E.] whether the driver’s license or car registration or professional, business, recreational, or sporting license, should be suspended, or the issuance or renewal should be denied.
It should be known that if the Clerk of the Court has notified the Mayor that the individual has failed to comply with the District of Columbia Process Service for a subpoena or warrant relating to paternity or child support proceedings or if they are receiving income and still owe child support, and the individual presents no evidence that they have complied with the terms of the agreement, then the license or registration will be suspended, or the request for the issuance or renewal of the license or registration will be denied.
If the individual is a member of the District of Columbia Bar, the Clerk of the Court will have to send a written District of Columbia Process Service notice to the Board of Professional Responsibility so that appropriate action may be taken. No liability shall be imposed on a licensing authority for refusing to renew, refusing to issue, or suspending a registration or license if the action is taken in response to a court or administrative order.
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022 Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201 Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375 Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556 Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606 Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830 New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302 Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
FOR ASSISTANCE SERVING LEGAL PAPERS
Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large! For a complete list of our District of Columbia Process Service Coverage Areas, Click Here!
Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.
“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives.- Foster, William A
Sources
1. Title IV of the Social Security Act is administered by the Department of Health and Human Services. The Office of Family Assistance administers benefit payments under Title IV, Parts A, and C. The Administration for Public Services, Office of Human Development Services, administers social services under Title IV, Parts B, and E. The Office of Child Support Enforcement administers the child support program under Title IV, Part D.
Title IV appears in the United States Code as §§601–687, subchapter IV, chapter 7, Title 42.
2. Child Support Recovery Act of 1992 STATUTORY REFERENCE: 18 U.S.C. § 228
3. Child Support Recovery Act of 1992 IM-96-04 Publication Date: August 21, 1996, Information Memorandum IM-96-04 The Child Support Recovery Act of 1992 (CSRA) was enacted by Congress on October 25, 1992, making it a Federal crime to willfully fail to pay support for a child living in another State. The elements of this crime require that the support obligation be determined by a court or administrative order; that the noncustodial parent and the child to whom the support is owed reside in different States; that the nonpayment of support be willful; and that the past-due support has remained unpaid for over a year or total more than $5000.
The Office of Child Support Enforcement (OCSE) and the Department of Justice (DOJ) have been working together to coordinate the implementation of this Act. OCSE and DOJ have stressed the importance of effective working relationships between the State and Local IV-D offices and their respective U.S. Attorney Offices (USAOs).
4. The Deadbeat Parents Punishment Act made it a federal crime for a parent who willfully failed to make child support payments by traveling or moving to another state to avoid making these payments. A parent can be charged with this crime if he or she meets the criteria above and either failed to make support payments for more than a year or that amounted to more than $5,000
5. Enforcement by contempt is expressly authorized by D.C. Code § 16-1005 (f). The party alleged to be in contempt has no right to a jury trial under either the Constitution or the law of the District of Columbia as long as the penalty for such offense is not more than six months. Therefore, contempt proceedings may be heard by a single judge within the Domestic Violence Unit or Family Division or may be certified to the Criminal Division for proceedings consistent with the above statute and this rule. The penalties prescribed for criminal contempt are set forth in D.C. Code § 16-705.
6. In re Robertson, 19 A.3d 751 (D.C. 2011)
7. For information or District of Columbia Process Service purposes, individuals should contact the office at 202-442-9900
8. (b-1) As used in this section, the terms ‘professional license’ and ‘business license’ include any approval, certificate, registration, permit, statutory exemption, or other forms of permission to practice a profession or trade, or to operate a business, as granted by a commission, agency, or a professional licensing body of the government of the District of Columbia. The terms ‘recreational license’ and ‘sporting license’ include any approval, certificate, registration, permit, statutory exemption, or other forms of permission to hunt, fish, use playing fields, participate in an athletic league, operate a boat, or other recreational vehicles for a non-business purpose, or operate or own a weapon for a non-business purpose, as granted by a commission, agency, or a licensing body of the government of the District of Columbia.
9. The notice shall also state that if a party or witness is deaf, or because of a hearing impediment cannot readily understand or communicate the spoken English language, the party or witness may apply to the agency for the appointment of a qualified interpreter.
10. As set forth in §§ 2-509 and 2-510.
11. Who is receiving income in an amount equal to at least 60 days of support
12. This payment schedule will be subject to the limitations of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 146; 15 U.S.C. § 1601 et seq.)
This article will provide guidance on how to file for child support in the District of Columbia. Every child deserves financial assistance from both of their parents for a bright future. By proving paternity, getting a child support court order, and collecting child support payments, the Attorney General’s Office’s Child Support Services Division may assist in getting financial support for the children.
When an individual parent applies for child support services, and the assistance is not forthcoming, the Child Support Services Division can assist in the securing of financial support and encourage parents to pay child support by [A.] seizing tax returns [B.] denying or revoking passports, [C.] seizing lottery winnings, [D.] denying or revoking a DC driver’s license; [E.] placing a lien on property; [F.] notifying the credit reporting companies; or[G.] freezing and seizing bank accounts
WHAT IS CHILD SUPPORT?
Maintenance and support that is given by one parent to the other or to the person who looks after their children are known as ‘child support.’ A child support order might contain a cash support order, but it may also include additional aid, including paying medical bills or providing healthcare for the children involved.
In the District of Columbia, a child support case can be established when [A.] a custodial party opens the case or [B.] the case is referred from the Temporary Assistance for Needy Families office.After a case has been established, the process moves to the next phase as the Child Support Services Division works with the custodial party to manage the case, and follow the steps needed to obtain payments from the non-custodial parent.
WHO IS RESPONSIBLE TO FILE FOR CHILD SUPPORT IN THE DISTRICT OF COLUMBIA
If the children spend the majority of their time with one parent, they may be entitled to child support. It is the legal responsibility of both parents to provide for their children. Regardless of whether the parents have joint custody, they can still be eligible to make a child support payment request. Even if both parents spend the same amount of time with the kid, a court may still compel one parent over the other to pay child support. When parents share physical custody, the parent with the higher income may be required to pay child support to the lower-income parent.
Custodial parties residing in DC are usually the ones to open a child support case.To open a child support case in this manner, it is immaterial where the non-custodial parent lives.CSSD will take the appropriate measures to seek an order of support from the non-custodial parent if they do not reside in DC, including designating it as an interstate action.
The Central Intake Centre of the Superior Court of the District of Columbia is where petitioners may submit a ‘Petition to Establish Paternity and/or for Child Support.’The Child Support Services Division can also help in initiating a case, which is something that they may be requested to do. The Child Support Services Division can help with a child support case by [A.] establishing paternity; [B.] filing a petition for a child support court order; and [C.] helping the parent collect the child support payment.2
It should be known that when a Temporary Assistance for Needy Families(TANF) or a Medicaid case is opened, the Temporary Assistance for Needy Families office will send case information to the child support office to open a child support case. This procedure is undertaken regardless of whether or not paternity has been established.The custodial party is thereinafter supposed to assign rights when their case is referred from the Temporary Assistance for Needy Families office.
The Child Support Services Division will not attempt to collect child support from the non-custodial parent if the custodial parent is on Temporary Assistance for Needy Families if there is ‘good cause’ for the custodial parent not to assist Child Support Services Division in pursuing child support. If the custodial party believes that the non-custodial parent may harm the custodial party or the child, there is a ‘good cause’. To establish ‘good cause,’ the custodial party should appear to the CSSD office and ask for an ‘exemption for good cause’ by demonstrating that the non-custodial parent is a concern.
DETERMINATION AND VALUATION OF THE CHILD SUPPORT AWARD IN THE DISTRICT OF COLUMBIA
The District of Columbia Child Support Guidelines is used to determine child support payments. Certain criteria mandated by law must be taken into account by a court when making a decision, including the [A.] gross income of both parents; [B.]amount of any court-ordered child support paid by either parent for another child; [C.]cost of the child’s health insurance and extraordinary medical expenses; [D.]cost of reasonable childcare expenses for the child; [E.]number of children in the child support case; [F.]number of other biological or adopted children living in each parent’s home; and [G.] amount of time the child spends with each parent.
The judge in question should further take into account the parent’s capacity to support themselves financially. Parents who owe child support but do not make enough money to maintain their children will have a court determine how much child support they should be ordered to pay. It must be known that the judge will by default assume the capacity of the parent with limited income to pay USD75 per month for child support. However, if either party can persuade the court that the parent with low income cannot afford to pay USD 75 a month in child support, the judge will alter this presumption.
MODIFICATION OF THE CHILD SUPPORT AWARD IN THE DISTRICT OF COLUMBIA
Every three years, either parent may ask the Child Support Services Division to arrange a hearing to have the child support order reviewed and modified if their case is being handled by that division. Both parents will be obliged to provide proof of their current earnings, daycare expenditures, medical bills, and insurance fees. Under the rules, the Child Support Services Division will determine just how much child support is to be paid. The Division or either parent may submit a motion to amend the child support order if the new amount is more than 15% difference from the previous order.
Any time there has been a significant and material change in circumstances, a parent may also submit a request to alter the child support order. Regardless of whether or not three years have elapsed, this motion may still be brought forward. For example, if the parent’s capacity to pay child support has shifted or the child’s financial need has altered, the circumstances can be considered to have changed.
HOW THE CHILD SUPPORT SERVICES DIVISION FILES A CASE IN THE DISTRICT OF COLUMBIA
Paternity and child support orders are established and enforced by the Child Support Services Division’s (CSSD) lawyers. The Child Support Services Division will not charge for its services if the individual is in receipt of Temporary Assistance for Needy Families or Medicaid. In the event someone does not qualify for Temporary Assistance for Needy Families or Medicaid, The Child Support Services Division may charge a five dollar application fee ( wherein the amount is required to be provided by money order or check only, payable to the D.C. Treasurer). Some services will have an additional fee or be deducted from the child support collected. In cases involving paternity and child support, CSSD represents the District of Columbia. In no way does CSSD advocate for particular parents or guardians.
It is necessary for individuals to telephone the requisite number to schedule an appointment or request an application. Then, it is necessary to complete and sign the application. The application mustenclose copies (not originals) of [A.] each child’s birth certificate; [B.] any separation agreements, divorce decrees, custody orders, or acknowledgments of paternity; [C.] any existing child support orders (certified); [D.] Proof of income; [E.] proof of D.C. residency; and [F.] proof of identification (government-issued photo I.D.)
The application packet must be mailed to theChild Support Services Division in the Office of the Attorney General.Individuals can call or visit the office.Additionally, it should be known that individuals do not need a lawyer to start a child support case, The relevant papers may be procured at the D.C. Superior Court Family Court Central Intake Center.
It is imperative to start a child custody case by filing the pleadings first. Consequently, the petition to Establish Paternity and/or Support must be completed. These documents should be taken to a central intake center in Washington, DC, being the DC Family Court. There is a filing fee of eighty dollars that must be paid via major credit cards, cash, or money order). The petitioner will be notified of a hearing date within forty-five days after filing the case. They will thereinafter get a Notice of Hearing and Order Directing Appearance (NOHODA) from the Central Intake Centre, which will include the date of the hearing.
HOW TO SERVE CHILD SUPPORT PAPERS IN THE DISTRICT OF COLUMBIA
However, one of the most important parts of child custody would be to provide adequate service of the pleadings. This means that the parent who is receiving the petition must be served with copies of the petition and Notice Of Hearing and Order Directing Appearance.Mostly, personal service would be preferred in these circumstances. Consequently, a majority of petitioners give the petition and Notice Of Hearing and Order Directing Appearance to the other parent directly by asking an adult who will not be interested in the case (who specifically is not a party to the case) to do so. This is not something that the petitioner can do on their own. If the petitioner does not have someone to hand the documents over to, it is imperative to consult a District of Columbia Process Service Agency.
Process Service is also done via Substitute Service at Home. Often, petitioners ask a non-party adult to physically deliver the petition and theNotice Of Hearing and Order Directing Appearance to another adult who resides at the house of the other parent. This is not something that the petitioner can do on their own since they are thus barred by law. If the petitioner does not have someone to hand the documents over to, a District of Columbia Process Service who is professionally engaged to do so will be able to serve the documents. Substitute Service can also be done at the individual’s place of Work. An adult who is not involved in the case will be asked to go to the other parent’s place of employment and hand the petition and the Notice Of Hearing and Order Directing Appearance personally to another adult who works there.
While it is not as common, Process Service can also be done via Certified Mail and First-Class Mail. For this, it would be necessary for the petitioner tomail the petition and Notice Of Hearing and Order Directing Appearance by certified mail -with the return receipt requested- to the other parent. This is something that the petition can accomplish on their own by going to the post office. After the letter is delivered, the post office will send the individual a return receipt (‘green card’) via mail. They will then send a second copy of the Notice Of Hearing and Order Directing Appearance to the other parent by first-class mail on the same day that the petitioner has sent the petition and the Notice Of Hearing and Order Directing Appearance via certified mail to the defendant.
The court will consider service ‘good’ if [A.]the other parent signs the return receipt; or [B.] another adult who actually lives in the same home or works at the same place of employment as the other parent signs the return receipt. If no one signs the return receipt, but the copy sent by first-class mail is not returned, service will be considered ‘good’ in a case involving child support, but not in a case involving paternity.
Process Service cannot be considered to be completed without filing an Affidavit of Service. Fundamentally, an Affidavit of Service certifies how the other parent was served in a court case. The filing of the affidavit is to be done at the Family Court Central Intake Center by the petitioner. The adult who served the other parent must complete the affidavit whether personal or substitute service was used. The affidavit must be completed if the other parent was served by certified and first-class mail.
Additionally, when the petition is to attend their hearing, they must bring proof of their income, health insurance expenses for the child, child care expenses, any extra expenses for the child, and any information about the other parent’s income that they may possess.
Internationally, parents’ obligations to give child support and their children’s entitlement to it have been acknowledged. The United Nations Convention on the Rights of the Child was signed by all UN member countries in 1992 is one such binding convention, although the United States is the only member nation that has not formally ratified it. The Convention states that providing for the raising and development of children is a shared duty of both parents as well as a basic human right for children. It also says that the main obligation to provide for these aspects lies with the parents in the first place. The New York Convention on the Recovery Abroad of Maintenance, which was drafted and approved under United Nations auspices in 1956, is another United Nations treaty and judgment relating to child support enforcement.
Children’s rights in the United States, mandate that each state create and publish a presumptively (but still rebuttable) guideline, and review it at least once every four years.
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022 Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201 Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375 Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556 Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606 Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830 New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302 Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
FOR ASSISTANCE SERVING LEGAL PAPERS IN THE DISTRICT OF COLUMBIA
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Sources
1. D.C. Code § 16–916. Maintenance of spouse [or domestic partner] and minor children; maintenance of former spouse [or domestic partner]; maintenance of minor children; enforcement.
Whenever a spouse or domestic partner shall fail or refuse to maintain his or her needy spouse, domestic partner, minor children, or both, although able to do so, or whenever any parent shall fail or refuse to maintain his or her children by marriage since dissolved, although able to do so, the court, upon proper application and upon a showing of the genuine need of a spouse or domestic partner, may decree, pendent lite and permanently, that such spouse or domestic partner shall pay reasonable sums periodically for the support of such needy spouse or domestic partner and of the children, or such children, as the case may be, and the court may decree that he or she pay suit money, including counsel fees, pendent lite and permanently, to enable the plaintiff to conduct the case
2. D.C. Code § 46-205(5), (6)
(5) Terms providing for the payment of the child’s medical expenses, whether or not health insurance is available to pay for those expenses, which shall include a provision directing the obligor and obligee to notify the IV-D agency and the Court of the following:
(6) Notice that if the obligor is required under the support order to provide health insurance coverage for a child, the obligor’s employer will, upon receipt of notice of the health insurance coverage provision, enroll the child in health insurance coverage and deduct the premiums from the obligor’s earnings in accordance with §§ 1-307.41, 1-307.42, and subchapter II of this chapter;
3. D.C. Code § 16–901(8),
4. D.C. Code § 16-916.01(q)(1), (q)(2)
5. D.C. Code § 16–916.01
6. D.C. Code § 16–916.01(g)(2)
(g-1) (2) If the judicial officer determines that the parent to whom support is owed can meet his or her subsistence needs, the judicial officer shall order the parent with a legal duty to pay support to pay what he or she would otherwise be required to pay pursuant to this section.
7. D.C. Code § 16–916.01(g)(3)
If the judicial officer determines that the parent to whom support is owed cannot meet his or her subsistence needs and the parent with a legal duty to pay support has an adjusted gross income below the self-support reserve under subsection (g) of this section, the judicial officer shall determine whether, for the support and maintenance of the child, the parent with a legal duty to pay support should pay more than he or she would otherwise be required to pay pursuant to subsection (g)(3) of this section.
8. D.C. Code § 16–916.01(r)(2)
Every 3 years, in cases being enforced under Title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), the IV-D agency shall notify both parents of the right to a review, and, if appropriate, a modification of the support order under the guideline. The IV-D agency shall conduct the review in all cases where there is an assignment of support rights pursuant to § 4-205.19, and at the request of either parent in all other cases. If the IV-D agency conducts a review, the IV-D agency shall inform both parents if a modification is warranted under the guideline, and shall petition for a modification of the support order when there is an assignment of support rights or if requested by a parent
9. D.C. Code § 16–916.01(r)(8)
If a motion to modify a support order pursuant to this section is accompanied by an affidavit that sets forth sufficient facts and guideline calculations and is accompanied by proof of service upon the respondent, the judicial officer may enter an order modifying the support order in accordance with the guideline unless a party requests a hearing within 30 days of service of the motion for modification. No support order shall be modified without a hearing if a hearing is timely requested
10. Individuals may call 202-442-9900 or go to the website at http://www.cssd.dc.gov to download an application
11. Child Support Services Division in Office of the Attorney General 441 4th Street NW, Suite 550 North Washington DC 20001
12. The hours are Monday through Friday, 8:15 a.m. to 4:45 p.m.
13. Individuals can get the legal papers (pleadings) required at www.dcbar.org/for-the-public/legal-resources/pro-se-pleadings.cfm
For more information on serving child support papers, contact Undisputed Legal our Child Support Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST. If you found this article helpful, please consider donating. Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us! We also invite you to check out our Frequently Asked Questions About Process Servers.
This article will provide guidance on how child support modification works in New York. New York prioritizes child support with robust enforcement mechanisms. When a custodial parent cannot locate the noncustodial parent, efforts include contacting their last known address and employer. Additional resources, both Federal and state, support this search. New York also facilitates expedited contempt proceedings for those evading child support obligations. Click here for how to serve child support papers.
Understanding Child Support Modifications
The basis for child support in New York relies on statutory calculations, yet the court has the discretion to adjust amounts due to cost of living changes or unexpected events. Click Here for Frequently Asked Questions About Process Servers!
Modifying Child Support Orders
Changes in child support payments, either increases or decreases, are possible under certain conditions. These adjustments recognize the evolving financial responsibilities parents face, ensuring the child’s welfare remains a priority. Notably, modifications are not retroactive, emphasizing the importance of timely petitions following significant life changes. Click here for information on How Rush Process Service Can Expedite Your Case.
Reasons for Modification
Significant Life Changes: A considerable shift in the cost of raising a child, a parent’s income reduction, or a change in disability status can prompt a modification.
Three-Year Review: After three years, either parent can request a review for potential adjustment based on current incomes.
Income Changes: A 15% change in either parent’s income since the last order justifies a review, applicable to orders post-October 13, 2010.
Each scenario requires court evaluation, underscoring the unique nature of each family’s circumstances.
The Process of Modification
The procedure involves presenting the original state court subpoena to the county clerk where discovery is desired. The clerk then issues a local subpoena mirroring the original’s terms. This act simplifies out-of-state discovery, minimizing the need for engaging local legal counsel. Click here for information on How Process Servers Protect Your Rights: Myths Debunked
Cost of Living Adjustments (COLA)
Given rising living costs, COLA reviews occur biennially, potentially adjusting child support payments if living costs increase by over ten percent. This automatic review ensures support orders reflect current economic realities.
Filing for Modification
Initiating a modification requires completing a Support Petition at the family court, providing comprehensive information about the other parent, existing support order, and children involved. The necessity for accuracy and thoroughness cannot be overstated, as incomplete applications can delay proceedings.
Key Considerations
Involuntary Job Loss: Courts scrutinize claims of income reduction, especially if job loss is voluntary or without just cause.
Telephonic Testimony: In specific circumstances, noncustodial parents may testify by phone, subject to court approval.
Essential Documentation: At hearings, presenting detailed financial documentation is crucial to support your modification request.
Conclusion
Modifying child support in New York requires navigating legal processes with precision. Whether due to significant life changes or regular cost of living adjustments, understanding and following the correct procedures ensure the child’s financial welfare remains protected. Adhering to these guidelines helps mitigate the risk of enforcement actions that can arise from non-compliance with child support orders.
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022 Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201 Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375 Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556 Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606 Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830 New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302 Washington DC: (202) 655-4450 – 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037
FOR ASSISTANCE SERVING CHILD SUPPORT PAPERS
Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!
Contact us for more information about our process serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.
“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A