How do I serve court papers on the other parent?

Dear JJ--here are guidelines for serving your ex in New York.

Law 200



The clerk will give you a packet that must be served on the other parent, as
well as an Affidavit of Service that must be signed by the person who serves
the packet, in front of a Notary Public. Don't forget to bring the Affidavit of
Service with you when you come to court.

❑ Anyone who is over 18 can serve the papers, except you. This could be a
friend or relative or a police officer. You can also pay the sheriff or a
private process server to do it for you.

❑ You must arrange to have the other parent served at least eight (8) days
prior to your court date.

❑ The other parent can be served on any day except Sunday.
Service can be:

❑ by handing the service packet to the other parent,

❑ by handing the service packet to a "person of suitable age and discretion"
who lives at the same address as the other parent and then mailing it to
the other parent in an envelope marked personal and confidential, or
❑ by certified mail.


If you choose to serve a "person of suitable age and discretion" be sure to
identify that person on the Affidavit of Service. If you choose to serve by
certified mail, be aware that unless the other parent signs for it, the Hearing
Examiner will not issue an Order of Support if that parent fails to come to court.

If you have problems serving the other parent, the Hearing Examiner may
permit you to serve them them in another way. Be sure to keep careful track
of each time that the server tries to serve. You might find it useful to keep
a log like the one below. Before you go to court, have the server list all of
the attempts, giving the dates and times of day and places, on the Affidavit
of Service, before signing it in front of a Notary Public.

How much will the non-custodial parent be ordered to pay?

The amount owed is calculated according to a law called the Child Support
Standards Act (CSSA).
Under the CSSA, non-custodial parents will be ordered to pay a percentage of
their gross income, minus certain deductions, until the child reaches the age
of 21. The most common deductions are for Social Security and Medicare
taxes that they pay, and for New York City or Yonkers income tax that they pay.
Also deductible is any child and spousal support that the non-custodial
parent is already paying, under a prior court order or written agreement.
The percentages are 17% for one child, 25% for two children, 29% for three
children, 31% for four children, and at least 35% for five or more children.
The non-custodial parents will also be ordered to cover the children on their
health insurance plans, if one is available to them through their employment.
The non-custodial parent must also pay a "pro rata" share of reasonable
childcare expenses if the custodial parent needs childcare because she or he
is working or attending school or a job-training program. ("Pro rata" means
based on the non-custodial parent's income, relative to the custodial parent's
combined parental income. For example, if the non-custodial parent makes
$75,000 a year, and the custodial parent makes $25,000 a year, the non-custodial
parent would have to pay 75% of the cost of the childcare.) The noncustodial
parent must also pay a pro rata share of the child's
unreimbursed health care expenses. Unreimbursed means not covered by
insurance. For example, under many insurance plans, you have to make a
co-payment when your child visits the doctor; the non-custodial parent can
be ordered to pay for a share of that expense.
The non-custodial parent may be ordered to pay a share of childcare expenses if
the custodial parent needs childcare because they are looking for work. The noncustodial
parent may also be ordered to pay a share of the child's educational
costs such as private school or college tuition.