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What’s the Difference Between Getting Child Support in Family Court or Supreme Court on Long Island

by | Aug 14, 2018 | child custody and support, News and Events

After many years working with countless Long Island parents on the issue of Child Support, I’ve seen the same dilemma many times over. The parents are in the middle of their divorce, or, are contemplating beginning their divorce and the residential parent is not receiving Child Support from the non-residential parent. It’s been an extended length of time, and now resources are running low for the residential parent. He or she feels that there is no other option, but to file for child support. If the parties are in the middle of a divorce, they are already before a Supreme Court judge. However, when dealing with child support specifically, Family Court is usually the faster route. Notwithstanding, there are some risks associated with filing for child support in Family Court during the pendency of your Divorce on Long Island.

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Financial Disclosure is Different in Supreme Versus Family Court on Long Island

During your Divorce in a Long Island Supreme Court, there are many different aspects to Financial Disclosure. Typically, both parties exchange Statements of Net Worth which contain information regarding Gross Income, Assets, Liabilities, and other Financial Data. Both parties are required to fill this out, and the Statements must contain your W-2’s, Income Tax Returns, and a copy of your retainer with your attorney. This allows both parties, and the court, to have a well-rounded picture of each parties’ finances to determine the obligations of each party, and, the excess income of each.

Alternatively, in Family Court on Long Island, the Support Magistrates are working with a calendar that may be twice as busy as that of a Supreme Court Judge. That is just the nature of Family Court. Financial Disclosure does not delve as deep as it does in the Supreme Court. Although you will likely receive a Child Support Order faster, the Family Court will not have all the information available that a Supreme Court on Long Island would. This can drastically affect the child support obligation placed upon each party.

What Happens if I have a Family Court Child Support Order?

If you have a Divorce pending in Supreme Court on Long Island, and, you obtain a Family Court Child Support Order, the Supreme Court will enforce that Order as its own. This means that your Divorce Agreement will reflect the fact that you already obtained a Child Support Order. Absent an agreement between you and your spouse, you will not be able to modify that Order.

There are a few ways you can modify a Child Support Order, but it is very unlikely that these avenues will be available to you during your Long Island Divorce if you simultaneously seek a child support order  from Family Court on Long Island. Therefore, it’s important to know that you will continue to be bound by the Family Court child support order during your divorce, as well as after the conclusion of your divorce.

Have Questions About Child Support in Supreme or Family Court on Long Island? We Can Help

Child Support is a very complicated and important matter. It’s important that you understand your rights and responsibilities when support for your children is at stake. It’s crucial for you to have an experienced Long Island Family and Divorce Law Attorney by your side to protect your interests, and those of your children. Contact our Long Island Divorce & Family Law firm at 631-629-2545 to set up your free consultation with one of our experienced Family Law attorneys.


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22:45 17 Dec 20
I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.
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Sam Berg
15:42 16 Sep 20
I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.


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