OCSS Frequently Asked Questions (FAQ) & Additional Resources

Custody & visitation orders are obtained in Family Court. Some parents do not have custody & visitation orders but have agreed among themselves who the child will live with and how often the other parent will see them.

A child support order is also obtained in Family Court. Parents may establish a child support order without having custody & visitation orders or an agreement in place.

If you have a child support order and the custody of the child changes, you must inform Child Support as soon as possible by emailing dcse.cseweb@dfa.state.ny.us with subject "custody changed" or call the Child Support Helpline at 888-208-4485 between 9:00 am and 5:30 pm. You must submit documentation showing the child resides with you, along with a contact number.

Child Support is not aware when custody & visitation changes unless we are informed by a parent or guardian. The Office of Child Support Services (OCSS) will continue to collect child support income so long as there is a valid child support order in place.

A parent must file a petition with the Family Court to terminate the child support order when the custody change is permanent or suspend the child support order when the change is temporary and the child is expected to return to the custodial parent.

The petition to terminate or suspend the child support order must be filed as soon as possible because a child support order is modified only back to the date the petition is filed and not the date that the child began living with the other person.

Custody & visitation orders are not required to suspend or terminate a child support order. You must give proof to the Family Court documenting with whom the child resides to change your child support order to terminate or suspend it. The type of documentation that is acceptable includes:

• copy of your custody order
• copy of school record
• copy of lease showing the child(ren) lives with you
• a doctor's note showing a change in the primary parent

In court, the Support Magistrate will listen to testimony and review the income and expense information of both parents. That information will be used to calculate how much support the noncustodial parent must provide. Family court is set up so that you can represent yourself. You do not need a lawyer, but you may hire one if you wish.

OCSS offers parents the option to draft a child support agreement or modify a current order with the help of Child Support Customer Service staff. Staff will review financial documents and apply the same guidelines that the Support Magistrates do in court. The agreement will then be submitted to the court as a basis for an Order on Consent. This process usually requires only one court hearing. To learn more, email us at dcse.cseweb@dfa.state.ny.us with "Stipulation" in the subject line.

Court information is available at www.nycourts.gov. A petition can be filed in person at the courthouse or through EDDS (the court's electronic document delivery system), or by U.S. mail addressed to the appropriate county Family Court.

Legal Information for Families Today (LIFT), a non-profit organization, can support your technology needs with computers, internet access, phones, scanners, printers/fax, and assistance with Court navigation support. Visit www.liftonline.org/TechHub for more information.

To learn more about how child support is calculated, try our online Child Support Calculator.

The amount of child support income received is based on the child support obligation set by the Court. Provided the noncustodial parent pays, the full amount of child support income is distributed to custodial parents, unless they are receiving cash assistance. Cash assistance clients receive up to $100 in child support income with one child and $200 with two children, above their cash assistance benefit amount. In those situations where a child resides in Foster Care, all of the child support income is retained by the DSS.

Use the child support calculator to see how much you might receive

The Office of Child Support Services (OCSS) takes confidentiality of child support records very seriously. Staff are required to encrypt emails sent to authorized recipients about specifics of a child support case. To read these messages, email recipients can follow the steps below.

HOW TO READ AN ENCRYPTED EMAIL

1. When you receive a notification in your inbox that you’ve been sent an encrypted message. Open the email and click on the box “Read the message”.

2. Read the encrypted message:

• When using Outlook or Microsoft 365: recipients can open and reply to the encrypted message directly, just like any other email.
• When using another email provider: recipients will receive instructions on how to open the encrypted message. They can access it by signing in with their Microsoft account or using a temporary passcode.

3. Choose how to authenticate:

• If the message was sent to a Google or Yahoo account: you can sign in using your Google or Yahoo account.
• If the message was sent to another provider (Comcast or AOL, for example): you will be prompted to use a temporary passcode.

4. Enter the temporary passcode (if applicable)

5. View and respond to the encrypted email:

Once authenticated, you will be able to view the encrypted message and attachment directly in your browser.

6. Manage encrypted attachments:

• Encrypt option: recipients with Outlook or Microsoft 365 can download attachments without extra steps. Others need a temporary passcode. The email can be forwarded, but it will stay encrypted within Microsoft 365, ensuring its security.
• Do Not Forward option: Microsoft Office attachments will remain encrypted even after they are downloaded. Unauthorized users will not be able to open them. The email cannot be forwarded.

Protecting private information of the parents and guardians OCSS serves is of the utmost importance. If you have any questions or need assistance, please contact us using any of the methods outlined here: https://on.nyc.gov/contactocss.

The NYC Child Support – ACCESS HRA Mobile App can help you enroll in child support services or submit a referral if you are receiving public benefits (watch the video). Alternatively, you can download an application using the links below. You can also call the Child Support Helpline at 888-208-4485 to have an application/referral mailed to you or to request assistance with completing an application/referral. Learn more about how to apply for child support

• Child Support Enrollment Form (LDSS-5258)


• For translations of the enrollment form, see https://otda.ny.gov/programs/applications/


• Submit the referral by email to dcse.cseweb@dfa.state.ny.us (Add LDSS-5258 in the subject line)
  
  or by mail to:
  
  HRA OCSS
  ATTN: LDSS-5258
  PO Box 830
  Canal Street Station
  New York, NY 10013

Alternatively, you may be eligible to participate in the Child Support Stipulation Agreement Program (CSSAP). CSSAP can simplify the child support process and may reduce the time you spend in Family Court.

To determine if child support is right for you, please review: Information for all potential child support applicants about getting child support safely. Learn more about Domestic Violence.

Yes. All clients applying for child support services can voluntarily proceed with an agreement to establish a child support order. In these situations, the CP and NCP will meet (together or separately, virtually or in person) with a Customer Service representative to prepare an agreement based on standard child support guidelines. Both parents will sign it and the agreement, petition, and all supporting documents will be reviewed by HRA's Office of Legal Affairs before the package is filed in Court for a hearing to be scheduled. Usually only one Court appearance is required for an Order on Consent to be approved by the Court.

During this process, Child Support staff will:

• Contact both parents to explain the process.
• Meet with both parents by phone or in-person (together or separately) to discuss their financial situation and come up with a child support agreement.
• Review financial documentation just as it is done in court.
• Use the Child Support Standards Act (CSSA) to set the amount of the order at a percentage of the parents' income, just as the Support Magistrates normally do in court. Access the Child Support Calculator online to get an estimate of the amount the noncustodial parent will have to pay and the amount of child support income a custodial parent will receive.
• Complete the agreement document and obtain the required signatures.
• File a petition for an "Order on Consent" with Family Court.

The benefits of this option are:

• Fewer court hearings and less time in court
• Opportunity to ask questions and be guided through the process at your own pace by knowledgeable child support staff
• Assistance for parents from a neutral intermediary (i.e. child support staff).

If an agreement cannot be reached, custodial parents can still file a traditional child support petition with the court with the help of OCSS staff.
It is important that the noncustodial parent go to court hearings with documentation that clearly shows their financial circumstances. This helps the Support Magistrate set an order at an amount that aligns with the noncustodial parent's income.

Get started today! Email Child Support at dcse.cseweb@dfa.state.ny.us with subject "agreement".

OCSS can serve a summons for a child support petition for either parent on your behalf. For more information, contact us by emailing us at dcse.cseweb@dfa.state.ny.us.
Learn more about serving a summons

Being served a summons for a child support hearing is an important first step in allowing you to prepare for court. Some parents receive a palm card, which summarizes who you can contact for assistance and the importance of appearing for your court hearing.

Watch What You Need to Know About Child Support Hearings and Services.

If you are preparing for a court hearing, be sure to complete the Financial Disclosure Affidavit and bring documents to the court, substantiating [or documenting] your income and expenses. This will help the support magistrate in establishing an order that is in line with your income.

Not responding to a child support notice or missing a child support appointment may result in your Cash Assistance benefit being reduced by 25%, loss of Medicaid coverage for yourself, and loss of eligibility for some rental assistance programs. For assistance, please call the phone number on your appointment notice or email OCSS at dcse.cseweb@dfa.state.ny.us.

To lift (stop) a sanction, custodial parents need to comply with the requests of the Child Support Program. Watch Cash Assistance: Why Comply with NYC Child Support. Contact the local OCSS Borough Office to get more information on how to comply.

Child Support Borough Offices serve as the point of entry into the NYC Child Support Program for parents and guardians applying for or receiving Cash Assistance. They are automatically referred to OCSS for child support services and are required to comply with the Child Support Program in order to receive full Cash Assistance benefits and medical benefits for themselves. Those that do not comply because they do not keep their appointment, provide required documentation/information, or appear for a parentage hearing are referred for sanctioning. These clients lose 25% of their cash benefit, Medicaid for themselves, and may not be eligible for some rental assistance programs.

While on cash assistance you get the first $100 of child support payments made by the other parent and $200 if you have two or more children. The rest is sent to the Human Resources Administration (HRA) to pay back your family's cash assistance benefits. The amount that you receive is called a “pass-through” payment. You receive it in addition to your cash assistance benefits on your EBT card.

For example, you have one child, and your cash assistance benefit is $400 per month. The other parent pays $100 in child support income. Your child support order is $100 or more monthly. You receive a total of $500 per month - $400 cash assistance plus $100 in child support.

You can ask the Office of Child Support Services (OCSS) if you received the right amount of pass-through payments anytime. OCSS can also confirm if HRA kept more child support payments than what you received in cash assistance benefits. This process is called a “desk review”.

For example, if you received a total of $10,000 in cash assistance benefits and the other parent paid $12,000 in child support, you will receive the additional $2,000 child support paid. ($12,000 child support income minus $10,000 cash assistance benefits)

Review the examples. They may help you understand the amount of the payment you received or why you did not receive a payment.

Steps to request a desk review:

If you still have questions or think a mistake was made, fill out the Desk Review Request Form. Here are the instructions.

Submit the completed Desk Review Request form by email, in person, or by mail. Refer to the contact flyer for more information: https://on.nyc.gov/contactocss

Learn more about the Desk Review process at https://www.childsupport.ny.gov/dcse/desk_review.html. You can speak to OCSS Customer Service staff by email, by phone appointment, or in person. You can also call the New York State Helpline at 888-208-4485.

For information about making a child support payment, refer to Your Child Support Payment Options. Payments made directly to the custodial parent will not be credited to your child support account and will still need to be made to the Support Collection Unit (SCU).

Parents who need to modify their court order due to a change in circumstance can discuss their options with an OCSS worker and can enter into an agreement voluntarily before an appearance in court. This service is called Modifying Orders Through Stipulation (MOTS) and can be discussed with an OCSS worker.
In summary, for an agreement:

• An OCSS worker drafts the agreement using the same guidelines as the court and helps the parents gather the required documents and answer questions.
• The approved agreement package is filed in court for a hearing to be scheduled.
• Usually only one court appearance is required for the Support Magistrate to make sure the parents understand their rights and responsibilities and to issue a modified order on consent.

To learn more, schedule an appointment with an OCSS Customer Service representatives by emailing dcse.cseweb@dfa.state.ny.us with subject: "agreement". Be sure to include your child support case ID number in the email.

Download the forms used to challenge an enforcement action. Learn more on the New York State Child Support website.

• Driver License Suspension Request or Challenge form and the Affidavit of Net Worth
• Request for Review of Additional Amount
• Income Tax Refund Intercept (Federal and State): Request for Administrative Review
• Department of Taxation and Finance Challenge
• Professional and Other License Suspension Claim
• Freezing Financial Assets: Mistake of Fact or Exempt Money Claim
• Passport Denial Administrative Review Request
• Liens: Mistake of Fact Claim
• Report to Credit Bureaus: Mistake of Fact Claim
• Lottery Prize Intercept: email dcse.cseweb@dfa.state.ny.us with the subject "Lottery - case review" to request a case review.

A parenting plan is a written agreement between parents. It is a way for parents to determine a schedule for when the children will be with each parent and how the parents will make decisions about the health, education, and wellbeing of their children.

Attached is a parenting plan form for you and the other parent to fill out together and keep for your records. Download the parenting plan.

Why should we complete a parenting plan?

Parenting plans are used when parents are not living together and can have the following benefits:

• The child will know what to expect, which leads to feeling stable and secure. Children generally benefit from routine, continuity, and predictability.
• There will be fewer conflicts and improved communication about parenting.
• Parents can plan ahead by knowing the child's schedule.
• Both parents can be consistently involved in the child's life, which is good for the child’s growth and development.
• Children are more likely to thrive when parents work together.

If we create a parenting plan, what’s next?

Here are some options:

• Keep your parenting plan just between you and the other parent as a way to show your commitment to your children.
• Bring your plan to court so it can be used to calculate your child support order.
• Make your plan enforceable by filing a custody order which would include the plan in a court order.

How can I get help creating a parenting plan?

If you would like help getting started, you can locate free or low-cost mediation services on our website.  Mediators, are neutral parties, who can assist you through the process.