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Information concerning the filing of objections and rebuttals in a proceeding before a Support Magistrate:

If you have received a copy of an Order of Support signed by a Support Magistrate and a copy of the Support Magistrate's Findings of Fact upon which the order is based - this order must be obeyed.

Either party has a right to file specific written objections to this order with the Clerk of the Court.  These objections must be filed within thirty (30) days of the date the order was received in court or personally served, or, if the order was received by mail, within thirty-five (35) days of the mailing of the order.  The objections then will be reviewed by a Judge of the Family Court.  Even if objections are filed, the amount ordered by the Support Magistrate must continue to be paid unless and until a Judge signs a different order.

Steps to File Child Support Objections:

  1. Prepare Written Objections
  2. Clearly State Your Objections
    • Identify the specific parts of the order you are objecting to and explain why.
    • Do not include new evidence or documents that were not presented at the original hearing.
  3. Serve the Opposing Party
    • The opposing party should be served a copy of the objections in person1.
    • The Support Collection Unit (SCU) can be served at: NYC Department of Social Services - Office of Legal Affairs - Support and Lien Recovery Litigation Unit, 150 Greenwich Street, 38th floor, New York, NY 10007.
    • The person who is not part of the case and delivered the papers to SCU and the opposing party must fill out and sign an Affirmation of Service for each person served.
    • If the opposing party has an attorney, the attorney must also be served.
  4. File with the Court
    • File the original objections and the Affirmation of Service with the Clerk of Court within the applicable deadline (30 or 35 days).
  5. Transcript (if required)
    • A transcript is not required unless the Judge requests one.
    • If required, the Clerk will provide instructions. The objecting party is responsible for the cost.
    • If you cannot afford to pay, the Clerk can explain how to request a waiver.
  6. Optional Transcript Request
    • Either party may request a transcript at their own expense, even if the Judge does not require one.

1 Service, whether by mail or delivered personally, must be completed by a non-party to the case who is at least 18 years old.

Steps to File a rebuttal:

The party served with objections has the right to file a written rebuttal:

  1. Prepare the Rebuttal
    • Include the case name and docket number.
    • State the date the objections were received, the specific objections being addressed, and your responses.
  2. Serve the Opposing Party
    • Serve a copy of the rebuttal in person or by mail within 13 days of receiving the objections.
    • Complete an Affirmation of Service.
    • If the opposing party has an attorney, the attorney must also be served.
  3. File with the Court
    • File the rebuttal and Affirmation of Service with the Clerk of the Court.

Use Form 4-7c - Rebuttal To Objection To Support Magistrate Order for the rebuttal, which includes an Affirmation of Service on the second page.