Child Support and Who May File.

When parents live separately, and one parent has custody of the child, that parent, called the “custodial parent,” may file a petition in Family Court asking the court to enter an order for the “non-custodial parent” to pay child support.

A child who is not emancipated and is living away from both parents may file a petition against his or her parents, asking for an order of support to be paid to the child.

When a child receives public assistance benefits or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition against the non-custodial parent or parents asking that the court enter an order for child support to be paid to the government agency. At the same time, it continues to pay benefits for the child.

The party filing the petition is called the “petitioner,” and the party from whom support is sought the “respondent.” The petition must be served upon (delivered to) the respondent, together with a summons indicating the court hearing’s date.  There are no filing fees in Family Court.

For information on serving legal papers, contact a child support process service, call (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.

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