Child Support - Division of the Family Court (2023)

Federal law requires all states to have a child support program, and the Uniform Interstate Family Support Act (UIFSA) regulates interstate and international child support cases. In New York City, the Human Resources Administration's Office of Child Support Services administers the child support program and the New York City Law Department handles interstate child support cases on its behalf. In interstate child support cases, the custodial parent (the parent the child lives with) and the noncustodial parent (the parent the child does not live with) live in different states.

The Legal Department's Interstate Child Support Unit appears in the New York City family courts to process applications for parentage determinations and to obtain, modify, or enforce an existing child support order, including defending against challenges to the registration of orders from another state or country. In these cases, the local child support agency in the county and state where the custodial parent resides will send the completed interstate petition or brief to New York State. The central agency in New York State is the Office of Temporary and Disability Assistance. After review, the petition or plea is sent to the family court in the county where the noncustodial parent lives. The family court creates a file and notifies the legal department. Lawyers from the Legal Department will appear in these matters before the Family Court for the county where the noncustodial parent resides.

If the custodial parent resides in the five boroughs of New York City and the noncustodial parent resides in another state or country, the Legal Department may be able to assist in applying for child support, amending an existing order, or applying for registration or enforcement an existing order.

Determination of paternity and parentage
setup of support
change of support
enforcement of support
Registration of support

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Please find more information.

Information for Local Guardians
Information for custodial parents residing in another state
Application documents for child benefit
Information for non-custodial parents
frequently asked Questions
Contact information for the district offices of the Interstate Child Support Unit Legal Department

determination of parentage

Before a child support order can be issued for a child of unmarried parents, the legal parentage must be proven. If a child is born during a marriage, the married parents are considered the legal parents of the child.

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The determination of parentage identifies the legal parent of the child. This can be done by having both parents fill out a document called torecognition of parentageor by filing a court application for a determination of parentage and obtaining a warrant of parentage. In cases where parentage has not yet been established, the family court may request a genetic (DNA) test of both the parents and the child.

Legal descent confers rights and benefits on the parents and the child(ren). These rights and benefits include:

  • information on family history;
  • the child's knowledge of his parents;
  • Health or life insurance from a parent, if any;
  • support from both parents, such as child support and medical support;
  • benefits such as Social Security or veterans benefits, military allowances and inheritances; and
  • the right to seek a court order for visitation or custody and to participate in court decisions about the child.

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setup of support

The Legal Department assists local and out-of-state custodial parents in preparing a noncustodial assistance order. The New York Child Support Standards Act (CSSA) establishes a formula that the court will use in most child support cases. However, if the case is referred to the state where the noncustodial parent resides, the laws of that state will apply.

If a custodial parent resides outside of New York State:

A custodial parent can apply to their local child support authority. This petition is then forwarded to the office of the New York City Law Department in the county where the noncustodial parent resides. This matter will then be heard in the New York City Family Court in the same district.

If a custodial parent resides in upstate New York:

If the case is to be filed in another state and you would like assistance from the Legal Department, you must complete this firstchild benefit registrationand send it to the youth welfare office. For more information, contact the Youth Welfare Office on teldcse.cseweb@dfa.state.ny.uswith the subject "Interstate Order" for a referral.Once a referral is generated, the Legal Department will determine if we can assist you in completing the required documentation and will escalate the case on your behalf to the out-of-state child support authority. The child support authority in the state where the noncustodial parent resides will follow up your case in their local court or administrative agency and a member of the Legal Department will update you on the progress of your case.

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change of support

A custodial parent with a support order may request that the court review the order to increase, decrease, or change the terms of the order. If you are a custodial parent with a support order and are requesting a change to the support order, the Legal Department may be able to assist you. The standard for changing a support arrangement varies, but most states require you to show evidence of a change in circumstances. In some cases, the lapse of a certain period of time since the original order may be sufficient.

If you are a custodial parent who wishes to change a support order, the Legal Department will contact the state where the noncustodial parent resides. If your circumstances support a request to change the order, a member of the Legal Department will prepare the necessary documentation and forward the request to the state where the noncustodial parent resides.

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enforcement of support

If you are a custodial parent with a support order that is not being paid according to the terms, proceedings may be instituted to enforce the order. The Legal Department handles interstate enforcement matters in the New York City family courts when another state or country seeks enforcement of a maintenance order.

If you are a custodial parent residing in New York City, the Legal Department may be able to assist you with your application to enforce an existing support order in the state or country where the noncustodial parent resides and contact the child support administrative administrative law enforcement agency and/or take legal action against the non-custodial parent.

Get more information on enforcement actions

All of the above procedures require that the non-custodial parent be made aware of the case. If the court is satisfied that the notice to the noncustodial parent is lawful, the court may proceed even if the noncustodial parent does not appear in court.

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Registration of an Out-of-State Support Order

The registration process involves filing a maintenance order or judgment in another state or country so that that state or country can recognize, enforce, or modify that order.

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If you are a custodial parent with a support order from outside of New York or a custodial parent who lives in the five boroughs of New York City and has a support order from New York, the Legal Department may be able to assist you in registering that order on Residence of non-custodial parent for enforcement and/or modification. You must contact your local child support office for the list of documents to proceed with registering an out-of-state support order.

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Information for Local Guardians

If you reside in the five boroughs of New York City, you are eligible for the legal department's complimentary services if all of the following criteria are met:

  • You are the custodial parent of a child and live in New York City (“Custody Parent” means a child's parent, relative, guardian, or caregiver) and
  • The noncustodial parent resides in another state or country and
  • Your child does not receive financial support and
  • You have completed a serviceRegistration Form (LDSS-5143)with the Office of Child Support Services, Family Court Support Services in the community where you reside. Signing up is now easier than ever with the NYC Child Support - ACCESS HRA Mobile App.

Find a child support enforcement agency

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Information for custodial parents residing in another state

If you are an out-of-state custodial parent who has completed an interstate petition with your local child care authority and the non-custodial parent lives in New York City, the Legal Department will likely be assigned to the case.

In these circumstances, the legal department will be informed of the case by the family court. Legal staff will review the application and supporting documents and will contact the initiating child support authority's office to notify them of the next court date and to obtain any additional information needed to proceed.

Although an attorney from the Legal Department will present the case in court, the attorney will not represent the custodial parent. Rather, the attorney acts on behalf of the City of New York to assist in the administration of child support cases.

The Legal Department will arrange for the noncustodial parent to receive an official notice of the court date. Thereafter, the case will proceed before a Support Magistrate in New York City Family Court. There are times when a case may be assigned to a family court judge.

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You may or may be required to attend court hearings by audiovisual means. It is important that you maintain contact with the local youth welfare office where you live. The Legal Department communicates with this agency throughout the process, and you can obtain case updates from your local agency.

Once the court has made a decision on the case, the Legal Department notifies the local child support authority. If your address or telephone number changes, you must immediately notify the local youth welfare agency of the new information.

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Information for non-custodial parents

The Office of Child Support Services caters to non-custodial parentsProgrammeto help manage her child support case.

Resources for Noncustodial Parents:

  • Person:
    New York City Office of Child Support Enforcement Customer Service Center
    151 West-Broadway
    4. Stock
    New York, New York 10013
    Open Monday-Friday 8am-7pm
  • Hotline:
    New York State Support's customer service hotline
    Available 24 hours / 7 days a week.
  • Online:
    New York child support
    Child Support Enforcement Office

Contact information for the district offices of the Interstate Child Support Unit Legal Department

(Video) How has the Uniform Child Custody Jurisdiction and Enforcement Act UCCJEA changed family law dispute


Please take a lookContact details of the Family Court Department

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How can I get a copy of my child support court order Texas? ›

To obtain a copy of an existing withholding order, contact the records section of the District Clerk's Office at 214-653-6076. For additional information about wage garnishments in a divorce case, contact the District Clerk's Process section at 214-653-7049. For cases in the C.A.R.E.

What happens in child support court Texas? ›

At court, parties will meet with a Child Support Officer (CSO) or Assistant Attorney General (AAG) to attempt to negotiate an agreed order. If both parties agree to the terms of the order, the order will be presented to the judge for final approval and signature.

How do I contact child support in Texas? ›

Custodial parents can call the 24-hour hotline at (800) 252-8014 to receive automated information. With their customer identification numbers (CIN), they can receive information on payments and case status without having to wait for a caseworker. what does the child support program do?

Can you stop child support if both parents agree in Texas? ›

If both parents have 100% faith that the other parent will do their necessary part to support the child, a judge may consider no support being ordered.

Can I sue my father for back child support Texas? ›

Can I Sue for Back Child Support? If you haven't gotten financial assistance from the noncustodial parent, you can sue for back child support. You will simply need the help of a lawyer who is familiar with family court, as he or she can assist you with collecting the evidence you'll need to present the court in Texas.

How do I look up my child support case in Texas? ›

Go to the Texas Attorney General Website and log into your account. Go to the child support division webpage and click the menu icon in the upper right side, and click “Child Support Interactive” (CSI). This will take you to the Texas interactive child support record keeping site.

How much child support in Texas does a father pay? ›

Formula for How Child support Is Determined in Texas

1 child – 20% 2 children – 25% 3 children – 30% 4 children – 35%

How long does a father pay child support in Texas? ›

Usually, child support ends when the last child turns 18 or graduates from high school, whichever is later. If your child has a disability, it might last longer. Note: if you owe back child support (arrearages), payments will continue even after the child turns 18–until the debt plus interest is paid in full.

How much do you have to owe in child support to go to jail Texas? ›

The OAG operates a Child Support Evader Program in which officials publish the names and photos of parents who owe more than $5,000 in child support and have a warrant out for their arrest.

What happens if a father doesn't pay child support in Texas? ›

The court may issue fines of up to $500 for every nonpayment. File liens against their assets. A Texas court could issue a jail sentence for up to six months for contempt of court due to unpaid child support. The court could order the other parent to pay your attorney and legal fees.

What is the 24 hour number for child support in Texas? ›

Telephone: For automated payment information and case status, or to speak with a child support representative about your case, please call toll free 800-252-8014. Automated payment and case information is available 24 hours a day, seven days a week.

What is the new child support law in Texas? ›

For one child, support is based on 15% of net income; for two children, 20%; for three children, 25%; four children, 30%, and five or more children, 35%.

What is the max child support in Texas? ›

The Texas Family Code has guidelines that implement a “soft cap,” under which the courts will rarely order child support payments that exceed 20% of the custodial parent's net income plus 5% for each additional child.

Can a parent forgive back child support in Texas? ›

Is it possible to have child support arrearages dismissed in Texas? It will be up to your Co-parent to forgive the amount of child support you owe and have the arrearage dismissed from court. The arrearage can be dismissed either in full or in part.

How do I get around child support? ›

The best course of action is to ask the court for an order modification (more below). The only guaranteed ways for support to end are if parents get back together or the child becomes legally independent based on age (usually 18) or via emancipation, marriage or joining the military.

How far can back child support go in Texas? ›

Under Texas law, the statute of limitations for seeking back child support when a court order is already in place is ten years from the child's 18th birthday. If a claim isn't filed by the deadline, then any recovery for back child support in Texas may be denied.

How much back child support is a felony in Texas? ›

The charge can increase to a criminal felony and up to two years in prison when child support in Texas hasn't been paid in two years or the amount owed reaches $10,000 or more.

Does the state of Texas pay child support if the father is in jail? ›

Be aware that court-ordered child support does not automatically stop when parents are incarcerated. The only way to stop or change the court ordered amount of child support is to ask the court to change the order.

Are child support orders public record in Texas? ›

In short, “public record” is anything not confidential. In Texas, child support payments are considered confidential information, which means they are not open to the public.

How long does the child support process take in Texas? ›

However, absent any delay, parties typically begin to receive payments approximately four to six weeks after the Judge signs an Order obligating support.

Do I have to notify child support if I change jobs Texas? ›

Losing your job or earning less income doesn't mean your child support obligation automatically changes or goes away. But you can request that your case be reviewed by the Office of the Attorney General (OAG). If your circumstances have changed, you may be eligible for a payment modification.

Do you have to pay child support if you have 50 50 custody in Texas? ›

It's incredibly rare that a 50/50 agreement doesn't involve child support in Texas because both parents rarely earn the same income. Most likely, there will be some disparity (often a big one) in earnings.

What is the maximum child support in Texas 2022? ›

**The Guidelines for the support of a child are specifically designed to apply to monthly net resources not greater than $9,200. This calculator does not calculate support in excess of the $9,200 net resource amount per Texas Family Code Sec.

What is the most child support can take? ›

50 percent of disposable income if an obligated parent has a second family. 60 percent if there is no second family.

How much is child support for 1 child? ›

On the basic rate, if you're paying for: one child, you'll pay 12% of your gross weekly income. two children, you'll pay 16% of your gross weekly income. three or more children, you'll pay 19% of your gross weekly income.

Can I go after my ex husband's new wife for child support in Texas? ›

A: Yes, the court will consider your financial obligation to other dependents when calculating child support. If you have a new child and can no longer meet your obligation, you will need to seek a child support modification. An attorney can help you file a motion with the court.

What is the deadbeat dad law? ›

The DDPA entails felony punishment for a parent who moves to another state, or country, with the intention of evading child support payments if the debt has remained unpaid for over a year or is greater than $5,000. Parents who owe $10,000 or more, or who fail to pay for two years, may face up to two years in prison.

What is the deadbeat dad law in Texas? ›

Laws dealing with child support in Texas state that deadbeat dads who owe more than three months of past-due child support, and who do not have a voluntary repayment schedule, face mandatory license suspension.

What happens if a father doesn't pay child support? ›

The CMS can try to get the arrears from the other parent's earnings, benefits, or bank or building society account. If that doesn't clear the arrears, the CMS can apply to court for a 'liability order'. This means they can ask bailiffs to take goods from the other parent and sell them.

Can Grandparents be forced to pay child support in Texas? ›

If your grandchild lives with you, you may wish to seek custody. As a custodial parent, you can apply for child support. Both parents have a legal obligation to provide financial and medical support for their children. If you have custody, they will be required to pay it to you.

Can I sue for back child support if there is no court order in Texas? ›

However, a parent cannot be forced to pay child support without a court order and Texas Family Law does not mandate retroactive child support. This does not mean that the asking parent cannot ask for both current child support and retroactive child support.

How can I avoid paying child support in Texas? ›

What's Required to Stop Child Support Payments in Texas?
  1. Emancipation. Some children leave the nest earlier than 18 years of age and are fully capable of supporting themselves financially. ...
  2. Death of a Child. ...
  3. Medical Crisis Exemption. ...
  4. Negative Paternity Test. ...
  5. Other Parent Re-marries.
Aug 10, 2022

What rights does a father have if he is on the birth certificate in Texas? ›

Even if they sign the baby's birth certificate, unmarried fathers have zero parental rights in Texas. They have no inherent right of to access to their children. The mother unilaterally decides when, and indeed if, visitation is possible.

How do I stop child support payments when my child turns 18 in Texas? ›

You will file your Petition to Terminate Withholding for Child Support in the same court that issued the current child support order. File it with the district clerk in that county.

Can I pay child support directly to my ex in Texas? ›

Avoid Unnecessary Child Support Complications

Many times with direct payment of child support not going through the State of Texas, the person paying child support may ask the parent receiving the support for changes in child support.

Can Texas force child support? ›

The Office of the Attorney General enforces court orders when parents fail to meet their support obligations. Remember, if you're a parent who's struggling to make your payments, you should contact the Child Support Division as soon as possible.

What is the average monthly child support payment in Texas? ›

Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...

Who determines the amount of child support in Texas? ›

The judge will usually order guideline child support. But not always. A judge may consider other factors to determine if applying the guidelines would be unjust or inappropriate in a particular case. See Texas Family Code 154.122 and 154.123.

Does child support increase if salary increases Texas? ›

Modifications are based on the noncustodial parent's current income. If you are making more money now than you were when the child support order was established or last modified, the court may increase the amount of child support you are ordered to pay.

Can mother cancel child support in Texas? ›

You can't just stop paying; you must file a petition to terminate child support.

Can child support be taken from my second job in Texas? ›

If one of your employers cannot withhold enough of your earnings to completely pay your required child support, a second employer may withhold the remaining amount, but the total withheld should not exceed the amount stated in your withholding order.

What happens to child support if parents get back together in Texas? ›

Moving back in together can effect a parent's obligation to provide child support. If the parent who is obligated to pay child support is contributing to the support of the household, he or she may be entitled to a credit for their child-support obligation.

Can a man not pay child support? ›

Failure To Pay. The CSA works alongside the Child Maintenance Enforcement Commission (CMEC) and has the power to enforce maintenance payments directly through the parent's employer, by freezing assets and forcing the sale of property. The non resident parent can also be imprisoned for failure to pay maintenance.

Do parents lose custody if they go to jail? ›

If you go to prison, you cannot have sole custody of a child. However, parents can still share responsibility if the court doesn't stop your rights to custody of the children. While you are in prison, the other parent can petition the courts to terminate your rights because of your prison sentence.

How long does it take to get child support after filing? ›

The length of time depends on several things. Sometimes you can receive a child support payment within the first month after DCS takes collection action. The process can take longer if there is no child support order, the paying parent is on public assistance, has no assets, or lives in another state.

How do I get a copy of a court order in Texas? ›

Complete the Request for Information form below and submit it to:
  1. Email:, or.
  2. Mail to: Judicial Branch Certification Commission. Attn: Record Requests. PO Box 12066. Austin, TX 78711-2066.

How do I get court documents in Texas? ›

Court records are made available through the court clerk's office. Contact the court clerk for information on how to obtain copies of court documents. Depending on the court, you may need to contact the district clerk, county clerk, or city clerk.

How do I get a replacement child support card in Texas? ›

Texas Debit Card customer service can be reached at 866-729-6159. In addition, the following services are available: Report lost or stolen card.

Are Family court records public in Texas? ›

Most civil cases in Texas are open records, meaning that the filings made into the case by either party or the Court itself are viewable by the public.

Are court orders public documents? ›

Judgments and orders

Any Judgment or Order made 'in public' is a public document and automatically available to the public. The general rule is that all hearings are in public, subject to the court's discretion to order a hearing to be held in private.

What Courthouse do I register a custody order in Texas? ›

Registration is appropriate in the district clerk's office of the Texas county where the child has lived for the prior six months.

What is the minimum child support in Texas? ›

Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...

How far behind in child support before a warrant is issued in Texas? ›

The OAG operates a Child Support Evader Program in which officials publish the names and photos of parents who owe more than $5,000 in child support and have a warrant out for their arrest.

What do judges look for in child custody cases Texas? ›

Age and health of the child(ren) Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child.

Where can I find my court documents online in Texas? ›

Online sources:
  1. Some court websites, especially federal and state appellate courts, give free public access to their dockets. ...
  2. has direct links to many federal, state & local court records databases.
  3. has records from dozens of Texas county courts.
Dec 1, 2022

How do I look up a case file in Texas? ›

You can view all docket entries from 1990 to present through the Public Access to Court Electronic Records (PACER) service or on the public terminals in each divisional office. To subscribe to PACER, please call 1-800-676-6856.

How do I find my Texas case online? ›

How to Look Up a Case in the Texas Court of Criminal Appeals
  1. Step 1: Go to the Texas Judicial Branch Website. ...
  2. Step 2: Click on the Courts Tab and Select Court of Criminal Appeals. ...
  3. Step 3: You Will Be Taken to the Court of Criminal Appeals Homepage. ...
  4. Step 4: Scroll Down to the Case Information Box and Select Case Search.

How long does it take to get child support after filing in Texas? ›

However, absent any delay, parties typically begin to receive payments approximately four to six weeks after the Judge signs an Order obligating support.

How long does it take to receive child support payments in Texas? ›

It generally takes 5 to 7 business days for you to receive your payment by mail from the time it is received by the State Disbursement Unit. Direct deposit takes 3 to 5 business days. If you want direct deposit services with the SDU, please use the Direct Deposit form on the Texas Attorney General web site.


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