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Commonly Asked Questions about Minor Children Legal Forms

How do I file a petition for child support modification in NY?

Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form. Fill it out and mail it back.

How do I file a child support petition in NY?

Filing a Child Support Case Child support cases are usually started in Family Court in the county where the child lives. There is no filing fee in Family Court. After a child support petition is filed, the other side must be served a summons, the petition, and the financial disclosure form.

Do I need an attorney to file for child support in NYS?

The parties may hire lawyers to represent them or may speak for themselves without a lawyer. Where a party cannot afford to hire one, the court will assign a lawyer at no cost, only when it is alleged that there has been a violation of the order and a party is in danger of going to jail.

Does child support automatically stop at 21 in NY?

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be emancipated and the parents support obligation ends.

How to put someone on child support in New York?

Download the Child Support Application (Form LDSS-3433) from the New York State Child Support website. Complete the form, attach all required documents, and mail it to the appropriate Child Support Office. Regardless of the filing method chosen, accurately complete the Child Support Application (Form LDSS-3433).

How do I serve child support papers in NY?

If you filed the petition, someone other than you must serve the papers to the other party. This individual must be over the age of 18 years old and cannot be a party to the case (e.g., a child). If you prefer, you can also hire either a Process Server or the New York City Sheriffs Office to serve the papers.

What is a standby guardian in NY?

A standby guardian is a person who is given temporary authority to care for another persons minor child, while the parent or legal guardian is still alive. The purpose of naming a standby guardian is to ensure that the child is able to receive immediate care from a trusted person if a specific event happens.

How to get legal guardianship of a child in NY?

To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.