How to File an Objection or a Rebuttal to a Child Support Order
If I do not agree with a child support order, can I do anything about it?
Will the same judge review my case?
No. The person who made the child support order was a support magistrate (sup-PORT MAH-jis-trate). Support magistrates, also called hearing examiners (HEER-ing ex-AM-in-ers), make decisions about child support cases. When you object, a Family Court judge reviews, or looks at, your case.
What do I need to file an objection?
To object, you need a copy of the signed child support order. You also need a copy of the Findings of Fact that the hearing examiner used to decide the order. A Findings of Fact is a written statement by the hearing examiner of the facts that he or she thought were important and true for making the decision. If you do not have these items, you can go to the record room in the court where the order was made and make a copy from your file.
How do I file an objection?
- Brooklyn – The Child Support Petition Room, 5th floor
- Bronx – Appeals and Objections Room, 8th floor
- Queens – The Clerk’s Office, 5th floor
- Manhattan – The Child Support Enforcement Office, 1st floor, Room 1D3
- Staten Island – The Record Room, 1st floor
Will the court want any other information?
Probably not. The judge might ask for a transcript (TRAN-script) of your child support hearing. A transcript is a written report of everything that was said at the hearing.
How do I get a transcript?
What is the deadline to file an objection?
You must file your objections with the court within 30 days of the date the order was made. If the order was mailed to you by the court, you have 35 days from the date the order was made to file your written objections.
Do I have to pay child support if I am objecting to the order?
Yes. Even if you file an objection, you must continue to pay the amount of child support ordered until the judge makes a new order.
What if I disagree with an objection that was filed?
The person served with objections can file a rebuttal (re-BUT-tul). A rebuttal is a response to an objection.
How do I file a rebuttal?
How long does it take for the judge to review my case?
The judge is supposed to make a decision within 15 days from when the rebuttal was filed, or from when the rebuttal was supposed to be filed if a rebuttal was not made. Do not be surprised if it takes much longer than this to receive a response. Many times, judges take longer than they are supposed to. If it has been a long time and you want an update on your case, you can call or visit the court.
How will I know what the judge decides?
You will get a letter from the court with the decision of the judge. If the judge changed your order, the change starts from the date that the child support petition was originally filed. If the order was reduced, this means you may get a credit toward future payments. If the order was increased, you may owe arrears (a-REERS) to make up the difference from what you were paying to what you are now required to pay. Arrears means child support money that is unpaid.