You file a New York Family Court child support petition by completing General Form 4-2 (or the relevant variant), signing it before a notary or court clerk, and filing it in the county where the child lives. The petition starts a case under Article 4 of the Family Court Act, and a Support Magistrate then sets a hearing date, usually within 30 to 60 days.
Child support in New York is not optional, and ignoring the process has fast consequences. According to the federal Office of Child Support Services 2024 Preliminary Report, New York collected over $1.7 billion in child support in fiscal year 2024, serving more than 700,000 cases statewide.
Here is what you will learn in this guide:
- 📝 How to complete every line of the Family Court Petition Form 4-2 without errors
- ⚖️ How the Child Support Standards Act (CSSA) percentages and 2026 income cap really work
- 🏛️ How NYC boroughs and upstate counties differ in filing procedure and timing
- 🌎 How UIFSA handles out-of-state respondents and interstate enforcement
- 🚫 The seven biggest mistakes that get petitions dismissed or delayed
Understanding the New York Child Support Framework
New York child support law starts with federal mandates and ends with county-level practice. The federal Title IV-D of the Social Security Act requires every state to operate a child support enforcement program, and New York implements this through the Office of Child Support Services (OCSS) within the Office of Temporary and Disability Assistance.
The state’s main child support statute is the Child Support Standards Act, codified at Family Court Act §413 for unmarried parents and Domestic Relations Law §240(1-b) for married or divorcing parents. These two statutes use the same math, but the courts that enforce them are different. Family Court hears child support standalone cases, while Supreme Court hears child support inside divorce actions.
The plain-English rule is that the non-custodial parent pays a percentage of combined parental income to the custodial parent. The consequence of misreading this rule is paying thousands more or less than required, since a small mistake in income reporting compounds across years. For example, Maria, a Bronx home health aide, lost $4,800 in support over two years because she reported gross income instead of income after FICA deductions on her Form 4-2.
A common misconception is that the percentages apply to take-home pay. They do not, since the law starts with gross income and then subtracts only specific items like FICA, Medicare, NYC tax, and prior court-ordered support per Cassano v. Cassano, 85 N.Y.2d 649 (1995).
CSSA Percentages and the 2026 Income Cap
The CSSA percentages are 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more children. These percentages apply to the combined parental income up to the statutory cap, which adjusts every two years under Social Services Law §111-i.
As of the March 1, 2024 adjustment, the cap is $183,000, and it is scheduled to adjust again on March 1, 2026. The Support Magistrate must apply the percentage up to the cap and then decide whether to apply it to income above the cap based on the paragraph (f) factors, like the child’s standard of living and the non-monetary contributions of each parent.
The consequence of ignoring the cap analysis is reversal on appeal, as happened in Matter of Cassano, where the Court of Appeals held that magistrates must articulate reasons for going above the cap.
Self-Support Reserve and Poverty Income
The self-support reserve protects low-income payors. For 2026, the self-support reserve is 135% of the federal poverty level for a single person, which translates to roughly $21,870 based on the 2025 HHS Poverty Guidelines.
If the basic child support obligation would push the non-custodial parent’s income below the self-support reserve, the order drops to the difference between income and the reserve. If income is below the federal poverty level (about $16,200 in 2026), the order is presumptively $25 per month, accruing as arrears under FCA §413(1)(g).
The Specific Forms You Will Use
New York Family Court uses different forms for different child support situations. Filing the wrong form delays the case by weeks because the clerk rejects it at intake.
Form 4-2: Petition for Support (Initial Filing)
Form 4-2 is the workhorse petition for an initial child support order. You use this form when no support order exists, when the parents are not divorcing, or when paternity is already established. The form has 12 numbered paragraphs, and each one has a specific purpose.
Paragraph 1 identifies the petitioner (you), and paragraph 2 identifies the respondent (the other parent). Paragraph 3 lists the children, including dates of birth, since support ends at age 21 in New York under FCA §413(1)(a), unlike the federal age 18 standard in most states. Paragraph 4 establishes the residence of the child, which sets venue per FCA §421.
For example, James in Buffalo filed his Form 4-2 in Erie County Family Court even though the respondent lived in Niagara County, because the child resided in Buffalo. The case was properly venued and proceeded without transfer.
Form 4-2a: Petition for Modification
Form 4-2a modifies an existing order. Under FCA §451(3), a modification requires one of three triggers: a substantial change in circumstances, three years since the last order, or a 15% change in either parent’s gross income.
The consequence of filing a modification without one of these triggers is dismissal, and you must wait until you can show one. A common misconception is that any pay cut justifies modification. It does not, since the change must be involuntary and substantial, as held in Matter of Talty v. Talty, 42 A.D.3d 546 (2d Dept. 2007).
Form 4-11: Violation Petition
Form 4-11 enforces an existing order when the payor falls behind. The petition must specify the dates and amounts of missed payments, and the court can impose remedies under FCA §454, including income execution, license suspension, tax refund interception, and up to six months in jail for willful violation.
The consequence of a finding of willful violation is severe, since it triggers automatic driver’s license suspension under SSL §111-b once arrears exceed four months of support.
UIFSA Petitions for Interstate Cases
When the respondent lives outside New York, you file under the Uniform Interstate Family Support Act, which is codified at FCA Article 5-B. You use a UIFSA Petition and the case proceeds either by long-arm jurisdiction in New York or by transmittal to the responding state.
Long-arm jurisdiction under FCA §580-201 lets New York keep the case if the respondent ever lived in New York with the child, conceived the child here, or directed acts here. Otherwise, New York’s UIFSA unit forwards the petition to the responding state’s tribunal.
Step-by-Step: Filling Out Form 4-2
This section walks through Form 4-2 line by line. Have your government ID, the child’s birth certificate, and your last three pay stubs ready before you start.
Caption and Court Information
The top of the form names the county of Family Court and assigns a docket number, which the clerk fills in. You write the petitioner’s name, then “against” or “v.,” then the respondent’s name. The file number stays blank until intake.
The consequence of filing in the wrong county is transfer or dismissal, since venue under FCA §421 is mandatory, not waivable. For example, Aisha in Queens accidentally filed her petition in New York County (Manhattan) because she worked there, and the case was transferred, costing her three weeks.
Paragraph 1: Petitioner Information
You write your full legal name, your relationship to the child (mother, father, guardian, or custodian), your address, and your phone number. If you fear violence, you can request address confidentiality under FCA §154-b by attaching a Confidential Address Affidavit.
The consequence of giving an outdated address is missing the court’s mailed notices and losing by default.
Paragraph 2: Respondent Information
You write the other parent’s full name, last known address, and employer if known. If you do not know the address, you check the box for service by publication or alternate means under CPLR 308.
A common misconception is that you must know the respondent’s exact address. You do not, since the OCSS Parent Locator Service can find most respondents through tax records and DMV data.
Paragraph 3: Child Information
You list each child’s full name, date of birth, and current address. If the child is over 18 but under 21 and not emancipated, support continues, since the New York age of majority for support is 21. The exception is emancipation by marriage, military service, or full-time independent employment per Matter of Bogin v. Goodrich, 265 A.D.2d 779 (3d Dept. 1999).
Paragraph 4: Residence and Venue
You state where the child lives now and for the past six months. This sets venue and jurisdiction. If the child moved within the last six months, you may still file in the prior county under FCA §171.
Paragraph 5: Existing Orders
You disclose any existing orders of support, custody, or protection involving the same parties or child. The consequence of hiding a prior order is dismissal for forum shopping and possible sanctions under 22 NYCRR 130-1.1.
Paragraph 6: Public Assistance
You check whether the child receives public assistance. If yes, the case is automatically opened as a IV-D case under Social Services Law §111-g, and the support is assigned to the state up to the amount of assistance paid.
Paragraph 7: Marital Status
You state whether you are or were married to the respondent. This determines whether paternity is presumed under FCA §417 or must be established by a paternity petition first.
Paragraph 8: Paternity Status
For unmarried parents, you state whether paternity is established by an Acknowledgment of Paternity (LDSS-4418) or a court order. If neither exists, you must file a paternity petition before child support can be ordered.
Paragraph 9: Financial Information
You estimate your income and the respondent’s income. You do not need exact numbers here, since you will file a Financial Disclosure Affidavit (Form 4-6) before the hearing.
Paragraph 10: Health Insurance
You state whether either parent has health insurance available for the child. Under FCA §416, the court must order health insurance if it is available at reasonable cost, defined as 5% or less of combined parental income.
Paragraph 11: Add-On Expenses
You list childcare, unreimbursed medical, and educational expenses. These are mandatory add-ons under FCA §413(1)(c) and are split pro rata by income share, separate from the basic obligation.
Paragraph 12: Relief Requested
You check the boxes for the orders you want: basic child support, health insurance, childcare, educational expenses, and retroactive support to the petition filing date under FCA §449.
The consequence of failing to check retroactive support is losing months of arrears, since the court cannot award what you did not request.
Three Common Filing Scenarios
Scenario 1: First-Time Unmarried Parent in Brooklyn
| Step Taken | Result in Court |
|---|---|
| Tasha files Form 4-2 in Kings County Family Court at 330 Jay Street | Case docketed within 24 hours, hearing set in 45 days |
| She attaches the signed Acknowledgment of Paternity | Paternity established, no separate hearing needed |
| She requests retroactive support to filing date | Court awards 45 days of retroactive arrears |
Scenario 2: Modification After Job Loss in Albany
| Step Taken | Result in Court |
|---|---|
| Marcus files Form 4-2a after losing his factory job | Magistrate schedules hearing in 30 days |
| He proves involuntary layoff with separation notice | Court finds substantial change under FCA §451 |
| He provides three months of job search records | Income not imputed at prior level, order reduced |
Scenario 3: Interstate UIFSA Case in Syracuse
| Step Taken | Result in Court |
|---|---|
| Linda files UIFSA petition in Onondaga County against a Florida respondent | Long-arm jurisdiction declined, no NY contacts |
| NY UIFSA unit transmits petition to Florida tribunal | Florida court schedules hearing within 90 days |
| Florida applies its own guidelines, not New York CSSA | Order entered under Florida law, registered for NY enforcement |
Calculating the Support Amount
The math has six steps and the magistrate runs through each one in order. Skipping a step is reversible error under Holterman v. Holterman, 3 N.Y.3d 1 (2004).
Step one is gross income from all sources, including wages, self-employment, investments, unemployment, workers’ compensation, and even fringe benefits per FCA §413(1)(b)(5). Step two subtracts FICA, Medicare, NYC tax (if applicable), and court-ordered support for other children to reach CSSA income.
Step three combines both parents’ CSSA income. Step four applies the percentage to combined income up to the cap. Step five allocates the obligation by income share. Step six adds pro rata shares of childcare, healthcare, and educational add-ons.
For example, Daniel in Manhattan earns $80,000 gross, with $6,120 in FICA and $2,400 in NYC tax, giving CSSA income of $71,480. The mother earns $40,000 with $3,060 in FICA, giving CSSA income of $36,940. Combined income is $108,420, well under the $183,000 cap. For one child at 17%, the basic obligation is $18,431 per year, and Daniel’s share is 65.9%, or $12,146 per year ($1,012 per month).
Imputed Income
When a parent is voluntarily underemployed, the court imputes income based on prior earnings, education, or job market data. Matter of Rohme v. Rohme, 169 A.D.3d 1004 (2d Dept. 2019) allows imputation based on lifestyle when reported income does not match spending.
The consequence of voluntary underemployment is paying support on phantom income you do not actually earn. A common misconception is that quitting a job lowers support, but it usually raises it because the court imputes the prior salary.
Mistakes to Avoid
- Filing in the wrong county wastes weeks because venue under FCA §421 is the child’s residence, not the petitioner’s workplace.
- Forgetting to request retroactive support under FCA §449 costs you months of arrears that cannot be added later.
- Reporting gross instead of CSSA income inflates your obligation by 7-10% because FICA and Medicare deductions are mandatory.
- Missing the Financial Disclosure Affidavit (Form 4-6) at the first appearance triggers an adverse inference and possible imputation of income.
- Hiding a prior order from another county or state risks dismissal for forum shopping and sanctions under 22 NYCRR 130-1.1.
- Skipping paternity establishment for unmarried fathers means the support petition cannot proceed until paternity is resolved.
- Failing to address health insurance under FCA §416 leaves a gap that the court must fill on its own, often with an order against the wrong parent.
- Ignoring add-on expenses like childcare loses the pro rata share that the court would have ordered automatically.
- Using outdated CSSA numbers from before the March 2024 cap update leads to wrong calculations.
- Failing to serve the respondent properly under CPLR 308 voids the case and forces refiling.
Filing Logistics by Region
New York City Boroughs
The five NYC boroughs each have their own Family Court. Filing in Manhattan Family Court at 60 Lafayette Street is for Manhattan residents only. Brooklyn (Kings County) sits at 330 Jay Street, the Bronx at 900 Sheridan Avenue, Queens at 151-20 Jamaica Avenue, and Staten Island (Richmond) at 100 Richmond Terrace.
The consequence of filing in the wrong borough is transfer, which adds two to three weeks to your timeline.
Upstate Counties
Upstate, the 62-county Family Court system operates similarly but with smaller staffs. Counties like Erie, Monroe, Onondaga, and Albany have full-time Support Magistrates, while smaller counties like Hamilton or Schuyler share magistrates. Filing fees are zero in Family Court statewide under FCA §157, unlike Supreme Court divorce filings which cost over $335.
Electronic Filing
Most New York Family Courts now accept NYSCEF e-filing for child support petitions. The system is voluntary for self-represented parties but mandatory for attorneys in many counties.
Do’s and Don’ts
Do’s: – Do file in the county where the child lives, since venue under FCA §421 is mandatory. – Do request retroactive support to the filing date to capture arrears under FCA §449. – Do bring three years of tax returns and three months of pay stubs, since the magistrate will ask. – Do attach the Acknowledgment of Paternity if paternity is established, to skip a separate hearing. – Do request health insurance and add-ons in paragraph 12, since the court cannot grant unrequested relief.
Don’ts: – Don’t quit your job hoping for a lower order, since imputation will raise it instead. – Don’t lie about income, since perjury under Penal Law §210.15 is a felony. – Don’t ignore the hearing date, since default judgment is automatic under FCA §433. – Don’t try to negotiate directly with the other parent without filing, since unwritten agreements are unenforceable. – Don’t skip the Financial Disclosure Affidavit, since omission triggers imputation.
Pros and Cons of Family Court vs. Supreme Court
Pros of Family Court: – No filing fee under FCA §157, versus $335+ in Supreme Court. – Faster docketing, often within 24 hours. – Support Magistrates specialize in child support and move cases quickly. – Self-represented parties are common and clerks help with forms. – Free interpreters are available in over 100 languages.
Cons of Family Court: – No equitable distribution, since divorce property issues stay in Supreme Court. – Limited discovery compared to Supreme Court. – No jury trial, only Support Magistrate plus Family Court Judge on objection. – Appeals from Support Magistrate go first as objections under FCA §439(e), adding a step. – Counsel fees are harder to obtain than in matrimonial cases.
Enforcement After the Order
Once the order issues, enforcement starts immediately through automatic income execution under CPLR 5241. The employer withholds the support and sends it to the New York State Child Support Processing Center in Albany.
If the payor falls behind by more than four months, the Department of Motor Vehicles suspends the driver’s license under SSL §111-b, and professional licenses can be suspended under SSL §111-c. Federal tax refunds are intercepted under 42 U.S.C. §664, and arrears over $2,500 can block U.S. passport issuance under 42 U.S.C. §652(k).
Recap of Key Court Rulings
Cassano v. Cassano, 85 N.Y.2d 649 (1995) is the leading case on the income cap. The Court of Appeals held that magistrates must articulate specific reasons for applying the percentage above the statutory cap, not simply default to it.
Holterman v. Holterman, 3 N.Y.3d 1 (2004) clarified that maintenance paid to the other spouse is deducted from the payor’s income before the CSSA percentages apply, and added to the recipient’s income. Matter of Rohme v. Rohme confirmed that lifestyle imputation is proper when reported income does not match spending patterns.
Matter of Talty v. Talty held that a substantial change for modification must be involuntary and not the result of self-imposed reduction.
FAQs
Is there a filing fee for a New York Family Court child support petition?
No. Family Court charges no filing fee for support petitions under FCA §157, making it free regardless of income or county.
Can I file a child support petition without an attorney?
Yes. Self-representation is common and clerks at every Family Court help with Form 4-2, though complex cases benefit from counsel.
Does New York child support end at age 18?
No. Support continues until age 21 under FCA §413(1)(a), unless the child is emancipated earlier by marriage, military service, or full-time work.
Can I get retroactive child support?
Yes. Support is retroactive to the filing date under FCA §449, but only if you request it on the petition.
Will the court impute income to a parent who quits a job?
Yes. Voluntary underemployment triggers imputation at prior earnings under Matter of Rohme, often raising rather than lowering support.
Can I modify a New York child support order?
Yes. Modification is allowed under FCA §451(3) for a substantial change, three years since the last order, or a 15% income change.
Does the petition require the respondent’s exact address?
No. Service by alternate means under CPLR 308 is allowed, and OCSS can locate most respondents through state databases.
Can a New York court order support against an out-of-state parent?
Yes. Long-arm jurisdiction under FCA §580-201 reaches respondents with sufficient New York contacts under UIFSA.
Does failure to pay support lead to jail time?
Yes. Willful violation under FCA §454 can result in up to six months in jail, plus license suspension and tax intercepts.
Is health insurance always part of a child support order?
Yes. Under FCA §416, the court must order health insurance whenever it is available at reasonable cost, meaning 5% or less of combined parental income.
Can grandparents file a child support petition?
Yes. A grandparent or other custodian with legal custody can file under FCA §422 against either or both parents.
Does the 2024 income cap of $183,000 still apply in 2026?
Yes. The cap applies until the next biennial adjustment scheduled for March 1, 2026, under Social Services Law §111-i.
Related reading
- How to Fill Out a New York Family Court Petition – Custody/Visitation (w/Examples) + FAQs
- How to Fill Out a New York Family Court Petition – Enforcement (w/Examples) + FAQs
- How to Fill Out a New York Family Court Petition – Modification (w/Examples) + FAQs
- How to Fill Out New York Family Court Petition – Paternity (w/Examples) + FAQs
- How to Fill Out New York Family Court Petition – Spousal Support (w/Examples) + FAQs
- How to Fill Out New York Form UD-11 (w/Examples) + FAQs
- How to Fill Out New York Form UD-12 (w/Examples) + FAQs