Support Establishment: The Pre-Court Stage
A Support Petition contains:
- Parents' names
- Social Security Numbers (SSN)
- Addresses
- Name and SSN of the child(ren)
- Custodial parent's signature
- Attorney's signature, if applicable
In the pre-court stage, the caseworker:
- Performs necessary actions to file a child support petition
- Gathers and verifies location and financial information
- Prepares the case file for court
NOTE: In cases where paternity is not established, the paternity and support petitions should be filed at the same time to speed up the process.
The Petitioner
The petitioner is different for TANF and non-TANF cases. In non-TANF cases, the petitioner is the custodial parent, guardian or caretaker. In TANF cases, the petitioner is the Social Service Commissioner of the local department of Social Services.
Requesting a Child Support Order
Once the court determines an order of support, it will be effective on the earliest of the following:
- the date the support petition was filed; or
- the date the family became eligible for temporary assistance (TANF)
The petitioner signs the support petition once it is completed. The signed and completed petition must be forwarded to Family Court. Once the petition is received, it becomes a formal request for a child support order.
The support petition should be filed as soon as possible. Once the petition is filed, it is the Family Court's responsibility to schedule the case for the initial hearing.
The court will mail the following to the non-custodial parent:
- Petition
- Summons
- Financial disclosure form (or affidavit)