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DCSE/Clarification

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Family2009

Junior Member
What is the name of your state (only U.S. law)? New York.

In the near future I will requesting Termination of CS due to age of majority (21). I want to make sure I am understanding this correctly. In my case garnishments are through DCSE, so does this means that I would be dealing with DCSE for termination and not the custodial parent because this case belongs to DCSE and not the custodial parent. Or is it actually, the custodial parent that would need to be served by me? Thanks.
 


BL

Senior Member
What is the name of your state (only U.S. law)? New York.

In the near future I will requesting Termination of CS due to age of majority (21). I want to make sure I am understanding this correctly. In my case garnishments are through DCSE, so does this means that I would be dealing with DCSE for termination and not the custodial parent because this case belongs to DCSE and not the custodial parent. Or is it actually, the custodial parent that would need to be served by me? Thanks.
DEPT. OF SS ( Custodial Parent's LAST , FIRST NAME )
_______________________________________________________
PETITIONER

- AGAINST-

LAST , FIRST ( Yours )
_______________________________________________________
RESPONDENT


This is assuming this is Family Court

You may have to serve both . Ask the Clerk of the Court , or the Chief Clerk

Instructions should be included with the summons(s).
 
Last edited:

Family2009

Junior Member
Serving Custodial Parent

DEPT. OF SS ( Custodial Parent's LAST , FIRST NAME )
_______________________________________________________
PETITIONER

- AGAINST-

LAST , FIRST ( Yours )
_______________________________________________________
RESPONDENT


This is assuming this is Family Court

You may have to serve both . Ask the Clerk of the Court , or the Chief Clerk

Instructions should be included with the summons(s).
Okay, I will find out. Now if I do have to serve the custodial parent what would be the best way for me to locate a professional process server in New York? I know I'll have to pay for this type of service. Thanks again.
 

BL

Senior Member
Okay, I will find out. Now if I do have to serve the custodial parent what would be the best way for me to locate a professional process server in New York? I know I'll have to pay for this type of service. Thanks again.
Call the Local Sheriffs/Police Dept./ or State Police barracks, near where the Other party resides .

Start with the Sheriff's Office .

Also when you find an Agency , give them any Work related name and address , and times and dates the other party works .
 

Family2009

Junior Member
Call the Local Sheriffs/Police Dept./ or State Police barracks, near where the Other party resides .

Start with the Sheriff's Office .

Also when you find an Agency , give them any Work related name and address , and times and dates the other party works .
Well unfortunately, I do not know where she lives or works. I have absolutely no contact info. for her or her family anymore.
 

BL

Senior Member
Well unfortunately, I do not know where she lives or works. I have absolutely no contact info. for her or her family anymore.
Your Petition served on the DSS might suffice , at least for a hearing with you,DSS,and the hearing officer .
 

BL

Senior Member
Well unfortunately, I do not know where she lives or works. I have absolutely no contact info. for her or her family anymore.
Could you clarify if the original Petition and summons were initiated by DSS , or was the other party just using enforcement agency ?

If DSS , then a summons served on them might suffice .
 

Family2009

Junior Member
Could you clarify if the original Petition and summons were initiated by DSS , or was the other party just using enforcement agency ?

If DSS , then a summons served on them might suffice .
That's a good question. I'm embarressed to say that I'm not sure if it was initiated by DSS or if othe party just used enforcement. How would I find out?

I just received a COLA increase notice in the mail this afternoon. So I wonder if I could find their address in the courthouse file with the latest COLA papers. But I'd rather just deal with DSS if I can.
 

BL

Senior Member
That's a good question. I'm embarressed to say that I'm not sure if it was initiated by DSS or if othe party just used enforcement. How would I find out?
Get a copy of the order and if it reflect , DSS ( Last name , first name )

Then you know DSS Petitioned on behalf of their client ( the other party to the action ).

I just received a COLA increase notice in the mail this afternoon. So I wonder if I could find their address in the courthouse file with the latest COLA papers. But I'd rather just deal with DSS if I can.
I'm not familiar with COLA .

You could take your ID , Index # for the case , and ask to review the file , and see .
 

Family2009

Junior Member
Get a copy of the order and if it reflect , DSS ( Last name , first name )

Then you know DSS Petitioned on behalf of their client ( the other party to the action ).



I'm not familiar with COLA .

You could take your ID , Index # for the case , and ask to review the file , and see .
This is how it reads:
***************************************************
IN THE MATTER OF A PROCEEDING FOR
SUPPORT UNDER ARTICLE 4 OF THE FAMILY COURT ACT

CUSTODIAL PARENTS NAME
SS#

AGAINST
NON-CUSTODIAL PARENTS NAME
***************************************************

The last time I went to DCSE to get a copy of all my payments I did notice on the 2nd sheet it said, Petitioner (former TANF recipient). I don't know if this would mean anything.
 

BL

Senior Member
This is how it reads:
***************************************************
IN THE MATTER OF A PROCEEDING FOR
SUPPORT UNDER ARTICLE 4 OF THE FAMILY COURT ACT

CUSTODIAL PARENTS NAME
SS#

AGAINST
NON-CUSTODIAL PARENTS NAME
***************************************************

The last time I went to DCSE to get a copy of all my payments I did notice on the 2nd sheet it said, Petitioner (former TANF recipient). I don't know if this would mean anything.
Sounds like DSS is no longer involved or has an interest in the matter .

It also sounds like you may have to find the other party .

DCSE is not likely to give up an address unless so ordered, but you can obtain a FPLS Form that applies locally , and request an authorized representative to sign and initiate it . ( A Judge , perhaps a hearing officer , ) .
 

Family2009

Junior Member
Sounds like DSS is no longer involved or has an interest in the matter .

It also sounds like you may have to find the other party .

DCSE is not likely to give up an address unless so ordered, but you can obtain a FPLS Form that applies locally , and request an authorized representative to sign and initiate it . ( A Judge , perhaps a hearing officer , ) .
I just took a look at the last cost of living incease adjusted order (from 2005) and it reads:

New York SCU
Order of New York County Family
In the matter of an adjustment of an order of support under sesction 111-n of the social services law etc, etc****************************.....

Custodial parents name

against

Non Custodial parents name

The cover letter has both of our addresses right in the front. I personally retrieved this order from my personal file at the courthouse. I was surprised to see any addresses at all. I thought that was confidential info. I don't know if that would still be a good address though.

I did receive todays Cost of Living Increase papers from NYS Office Of Child Support Enforcement.
 

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