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Child Support Resources


Federal and State Resources

Income Withholding Order (IWO): Information, Forms, and Instructions

New York State (NYS) Case Registry Filing Form

Support Forms for Use in Contested and Uncontested Divorce Cases

 

 


Federal and State Resources

Federal Office of Child Support Enforcement
This is the home page of the website for the Office of Child Support Enforcement within the Administration for Children and Families of the U.S. Department of Health and Human Services. Parents, child support professionals, employers, courts and others can find information about the federal child support program (commonly referred to as the “IV-D Program” since it is authorized by Title IV-D of the federal Social Security Act).

New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement
This is the home page of the website for the single State agency responsible for supervising the administration of New York’s child support program pursuant to Title IV-D of the federal Social Security Act.

Child Support Standards Chart
The Child Support Standards Chart can be used to determine an approximate annual child support obligation. It is updated each year by the Office of Temporary and Disability Assistance and provides useful information which may impact the child support obligation such as the combined parental income amount, self-support reserve, and poverty income guidelines amount for a single person. At the end of the chart is a “Basic Child Support Guidelines Worksheet.”

Pub. #1950 (Child Support Services: Every child has the right to support from both parents)
This helpful brochure was created by the Office of Temporary and Disability Assistance. The brochure explains what child support services are available, who is eligible for child support services, how to apply for child support services, how to contact the Child Support Customer Service Helpline for more information, and what information you will need to have available to move your case forward. The child support program is a state-supervised, county-run program. Each local social services district has a Support Collection Unit that assists litigants in obtaining the child support (or enforcing child and spousal support combined) that has been ordered by the court. One of the many services provided is issuance of an Income Withholding Order for the collection of support. You may choose to apply for child support services now or in the future.

LDSS-4882 (Application for Child Support Services)
This form, created by the Office of Temporary and Disability Assistance, is the official form used to apply for child support services. You may choose to apply for child support services now or in the future. If you apply for child support services now, or if you are already receiving such services, your local Support Collection Unit will issue an Income Withholding Order on your behalf for the collection of support. However, if you do not apply for child support services at this time, and are not already receiving them, the Court may nonetheless decide after consideration of relevant factors that an Income Withholding Order is required by law. If the Court notifies you that an Income Withholding Order is required, or you decide to ask the Court to issue one, the following Information, Forms and Instructions should be used.

 

Please note: You may also apply for child support services by reciting your request for such services in a pleading or other document that you sign and submit to the court. For example, you may use the UD-6 or UD-7 Uncontested Divorce Affidavits or any Family Court paternity or support petitions which contain a request for child support services. 

 

 

Income Withholding Order (IWO): Information, Forms
and Instructions

When Must the Court Issue an Income Withholding Order?

What Form Must Be Used for Income Withholding?

How Do I Fill Out the Form and Where Do I Serve It?

When Must the Court Issue an Income Withholding Order?

When the Court issues an order of support, the Court must in every case issue an immediate income withholding order unless:
a) child support services are being applied for, or provided, through the child support program (often referred to as the “IV-D” program) by a local district Support Collection Unit;

or

b) the Court finds and sets forth in writing (1) the reasons why there is good cause not to require immediate income withholding, or (2) an agreement providing for an alternative arrangement has been reached between the parties.  See Domestic Relations Law § 240(2)(b)(2), Family Court Act § 440(1)(b)(2), and CPLR § 5242(c).

Where an income withholding order is required, the Court shall direct that the support be paid by automatically deducting moneys from the obligor’s income through the use of an Income Withholding Order. (See instructions below.)

 

What Form Must Be Used for Income Withholding?

To withhold income for child support or combined child and spousal support, you must use the LDSS-5037.  To withhold income for spousal support only, the LDSS-5038 is not required but is recommended for use in New York State.

LDSS-5037 (Non-IV-D Income Withholding Order)
This is the form (consisting of two parts) that must be filled out and issued by the Court or other authorized issuer when income withholding for child support or combined child and spousal support is ordered for a case that is not receiving child support services under the Title IV-D Program (a “Non-IV-D Services case”).

Part A of the LDSS-5037 (consisting of one page) must be served only on the NYS Child Support Processing Center (SDU).

Part B of the LDSS-5037 (consisting of 3 pages) must be served on the employer/income withholder, employee/obligor, custodial parent/obligee, and the NYS Child Support Processing Center (SDU).

Service of Parts A and B on the NYS Child Support Processing Center (SDU) must be sent to P.O. Box 15363, Albany, N.Y. 12212-5363.

LDSS-5038 (Spousal Support Only Income Withholding Order)

This is the form (consisting of two parts) to be filled out and issued by the Court or other authorized issuer when income withholding is ordered for a case involving spousal support only. While not required, this form is recommended for the issuance of a Spousal Support Only IWO since the standardized format will be familiar to employers. Additionally, use of the LDSS-5038 lessens the likelihood of remittance errors given the pre-filled remittance instructions on the form.

On the LDSS-5038, areas not applicable to Spousal Support Only cases have been grayed out. In addition to this shading, note that, as required by CPLR §§ 5241 and 5242, such IWOs are payable to the obligee and remitted directly to the obligee, not to the NYS Child Support Processing Center (SDU). Issuers of a Spousal Support Only IWO who opt not to use the LDSS-5038 are cautioned to ensure that the IWO served complies with applicable law.

Part A of the LDSS-5038 (consisting of 1 page) must be served only on the employer/income withholder.

Part B of the LDSS-5038 (consisting of 3 pages) must be served on the employer/income withholder, employee/obligor, and obligee (not on the NYS Child Support Processing Center (SDU)).

 

How Do I Fill Out the Form and Where Do I Serve It?

LDSS-5039 (Income Withholding For Support: General Information and Instructions)

This document contains general information about the income withholding process for both Non-IV-D Services cases and Spousal Support Only cases. It also contains instructions, along with numbered reference tools keyed to the instructions, detailing how to complete both a Non-IV-D IWO and a Spousal Support Only IWO. Information on where to serve each type of IWO and how to terminate an IWO is provided.

Note: Do not complete the Numbered Reference Tools. They are for reference only. These tools are the same as the actual IWO Forms with one important difference: the blanks are numbered and keyed to the instructions.

 

 

 

New York State (NYS) Case Registry Filing Form

Who Must Complete the NYS Case Registry Filing Form?

Information about original and modified child support orders must be filed with the State Case Registry by filing a NYS Case Registry Filing Form.

You MUST complete and submit the NYS Case Registry Filing form if:

a) your case involves child support or combined spousal and child support and the Court issues an Income Withholding Order that requires the employer to remit payments to the NYS Child Support Processing Center (SDU);

or

b) the court determines that immediate income withholding is not required by statute and payments are made directly to the custodial party/obligee.

 

Note: If your support order is generated (or prepared by) Family Court, the court will take care of filing the form. If your support order is from Supreme Court, you must complete and use the form.

You should NOT complete and submit the New York State Case Registry Filing Form if:

a) your case involves spousal support only;

or

b) a party to the order is applying for, or receiving support services from, a local Support Collection Unit pursuant to the child support program. If a party to the order is receiving child support services from the local district Support Collection Unit (known as a IV-D case), the Support Collection Unit will report the necessary information. A case is receiving support collection services if:

  • the County Department of Social Services (or, in New York City, HRA) is a party to the order because a child is receiving public assistance benefits, Medicaid, or is in foster care;

or

  • a party has applied for child support services including collection and enforcement of the support order. 

If you are unsure whether the case is receiving child support services or whether to file the NYS Case Registry Filing form, contact the court clerk for further assistance.

 

 

 

Support Forms for Contested and Uncontested Divorce Cases

Affidavit of Plaintiff (UD-6)

Affidavit of Defendant (UD-7)

Child Support Worksheet (Form UD-8)

Support Collection Unit Information Sheet (Form UD 8-a)

Qualified Medical Child Support Order (Form UD-8b)

NYS Case Registry Filing Form with Instructions Attached (Note: This is for Non-IV-D orders only not applicable to Spousal Support Only orders)

Child Support Summary Form (UCS-111)

LDSS-4882 (Application for Child Support Services )

Non-IV-D Income Withholding Order (LDSS-5037) (for Non-IV-D Services cases involving child support or combined child and spousal support)

Spousal Support Only Income Withholding Order (LDSS-5038) (for Spousal Support Only cases)

Income Withholding For Support: General Information and Instructions (LDSS-5039) (for both Non-IV-D and Spousal Support Only orders)