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Overview of the Support Process for Family Law in Syracuse, New York

April 14, 2023

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Before you make decisions that can impact your family for decades, consider talking with a compassionate Syracuse Family Law attorney to get your questions answered and ensure you are making the best decisions for your family.

Child support comes into play following the end of a relationship or marriage. These can be challenging and difficult circumstances, and having an experienced Family Law Attorney at your side provides support and guidance every step of the way.

Starting a Child Support Case in New York

New York law defines that both parents must financially support their child until the child turns 21 years old. In some cases, if the parents were not married, the identity of the legal father must be established before the child support case begins. This is called paternity and can be established by both parents signing an Acknowledgement of Paternity or the court signing an Order of Filiation after a paternity case.

After the court signs this order, a child support case will be automatically started.

Who Can File for Child Support in Syracuse

Under New York law, child support goes to whomever the child lives with most of the time and has custody of the child. In cases where two parents do not live together, one parent is identified as the custodial parent or the parent that the child lives with most of the time.

If the parent lives with a non-parent who has custody of the child, this person can get child support from one or both of the child’s parents.

Further, if the child is not emancipated but does not live with either parent, the child may get child support. Similarly, if the child gets public assistance, the Department of Social Services could file for child support.

What You Need to Know About Filing For Child Support in Syracuse

Generally, child support cases are started in Family Court, in the county where the child lives. In Syracuse, the county seat is Onondaga County. There is no filing fee in Family Court.

After the petition is filed, the other side is served a summons, the petition, and a form for financial disclosure. The terms each party is called reflect their role in the case. The person filing the petition is the Petitioner. The other party is called the Respondent.

The summons provides details for both parties regarding when and where to come to Family Court for a hearing. To help start the case, the Child Support Unit is available.

Child Support Services are available to help all custodial parents and guardians. This service is provided regardless of immigration status, income, or cash assistance.

Both parties have the right to hire their own lawyers, and if you cannot afford to hire a lawyer, the court may assign one to you at no cost.

Contact a Syracuse Family Law Attorney Today

Starting and navigating a child support case can be emotionally charged, challenging, and stressful. You do not have to do this alone. Consider talking with a caring and experienced Family Law Attorney. At Nave, we have years of experience in child support cases and are happy to talk with you today.

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