Support Actions in Family Court
© 1997 by Neighborhood Legal Services, Inc. 
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Where can I get help to get a support order, or to change or enforce a support order?

The Office of Child Support Enforcement, Support Collection Unit can help you get a support order, change the order, collect support and enforce a support order. To apply for their services, go to the Support Collection Unit office on the 7th floor of the Rath Building, l58 Pearl Street, Buffalo, New York. We are enclosing a pamphlet describing the Office of Child Support Enforcement. It tells you the information you should bring when you go to that office.

What should I do when I go to apply?

When you apply for services, ask to be referred for legal representation. It frequently takes 6 weeks before the referral is made. We advise you not to file your own petition if you plan to use the services of the Support Collection Unit. Their attorneys prefer to prepare the petitions for cases they will be handling.

Can I represent myself?

Yes. You can file a petition and represent yourself in Family Court in a support action.

How do I file an action?

If there is no previous Family Court Order regarding support, go to Probation Department of the Family Court, Room 502, 25 Delaware Avenue, Buffalo, New York for an interview. Take evidence of your income and expenses and a copy of any previous orders by any other Court, such as a Divorce Judgment. It is also helpful to take the name, address, Social Security Number and place of employment of the person from whom you are seeking support.

After the interview at the Probation Department, you will be sent to Adult Intake on the 4th Floor. There a clerk will help you prepare the Petition and will schedule the case before a Hearing Examiner.

What if there is an existing Family Court Order?

If there is an existing Family Court Order regarding support, you would begin the process at Adult Legal Division on the 4th floor, 25 Delaware Avenue. Take a copy of the current order if you have one.

What happens after the petition is completed?

A court date will be scheduled. On the scheduled date, appear at the assigned Courtroom promptly. Be prepared with your arguments and evidence. If the other party has a lawyer and you feel unable to present your side adequately, you can ask the Hearing Examiner for an adjournment so that you can get a lawyer.

What if I need support right away?

If you need support right away, ask the Hearing Examiner for a temporary Order of Support at your first appearance. The temporary Order will be in effect until the Hearing Examiner makes a final decision on your support petition.

After I get an Order of Support, how do I collect it?

If you think the other party will not pay the support on a regular basis, you can ask the Court for an Income Deduction Order. An Income Deduction Order directs an employer to deduct support payments from the payer's paycheck and send the money to you. To get an Income Deduction Order, you must show the Court that the other party has failed to pay court ordered support or has a history of not paying debts.

Are there any other options?

You also can ask that the support money be sent to the Support Collection Unit and that the SCU then send the money on to you. The good point of getting your support this way is that the Court will have a record of exactly how much has been paid. The bad point is that it takes the SCU about six weeks to start sending the money on to you. After that it should come regularly.

What if I think I need a private attorney?

In a Support Action, the Court can order the other party to pay your legal fees. If you think the other party can afford to pay your legal fees, call the Erie County Bar Association at 852-3100 and ask for referral to a private attorney. This attorney should take your case with little or no retainer fee on the expectation that the Court will order the other party to pay your legal fees. The Bar Association may require that you have $20.00 available to pay the lawyer for your initial interview.

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