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Module 1: Overview of NYS CSE Program

Support Establishment: The Court Stage

magistrate with non-custodial parent

 

magistrate with non-custodial parent

In the court stage, the child support petition is heard in court. The court reviews the parties' financial and health insurance information to determine a child support order.

Summons and Financial Disclosure

The summons that ordered the non-custodial parent (NCP) to appear in court requires the NCP to provide the court with the following:

  • A statement of net worth
  • A current and representative paycheck stub
  • Most recently filed state and federal tax returns

The court may order, or the CP may request additional financial disclosure if needed to determine the NCP's total income.

In non-TANF cases, the custodial parent also needs to provide financial information.

NOTE: If the NCP is self-employed, additional information may be required including, but not limited to, past income tax returns, corporate business or partnership books and records, receipts for expenses and other documentation or information.

Court Hearing Outcomes

The outcome of the court hearing may differ depending upon whether the non-custodial parent cooperates or not, and if all necessary income information is provided.

Various court hearing outcomes based on different NCP cooperation scenarios:
NCP scenario Outcome of the court hearing
NCP presents the required financial information. A permanent order may be established with an effective date.
NCP appears in court without the required financial information. The court may proceed with the available information and issue a temporary support order, and reschedule the case for a future date.
NCP does not appear in court. The court will specify a dollar amount to be paid even if the NCP is not present. It is in the NCP's best interest to appear at the hearing and provide the required financial information.
NOTE: Under certain conditions, if the custodial or non-custodial parent is unable to attend the scheduled court hearing but wants to give testimony, he/she may apply to the court to provide information via telephonic testimony.

For more information on this option, see the Electronic Testimony Application at
www.nycourts.gov/forms/familycourt/childsupport.shtml