New York, New York Family Court Guide

New York sits in New York County, New York, so family court is handled at the county level. How and where to file family court papers from New York: the right clerk of court, e-filing, filing fees, and self-help for custody, child support, and divorce.

The most time-sensitive thing for any New York parent is the response clock. In New York you generally have 20 days to file a written response after you are served (CPLR 320(a)). 20 days applies to in-hand personal service; 30 days for any other service method. Miss that window and the other side can ask the New York county court that serves New York to move ahead without you, so put the deadline on your calendar the day you are served and confirm the exact date with the clerk.

Child support for New York families is set under New York's Income Shares guideline. Both parents' incomes combined; obligation split proportionally by income share. The judge applies the same statewide formula whether you file in New York or anywhere else in New York, so an honest income picture and the official worksheet matter more than where in the state you live.

When New York parents split parenting time, New York courts call the schedule "Custody & Parenting Time", and that is the language to use in your paperwork. If safety is the issue, the order to ask the New York county court that serves New York about is the Order of Protection.

Frequently asked questions

Where do I file family court papers if I live in New York, New York?

New York sits in New York County, New York. Family court matters for New York residents are filed with the clerk of court for the New York county. Start with the New York county court resources linked on this page to confirm the family division, courthouse location, hours, and accepted filing formats. FamilyCourtHelp.com is a self-help resource and not a law firm.

Can I e-file my New York family court case online?

New York uses NYSCEF for electronic court filings. Whether self-represented filers in New York can e-file depends on the court and case type, so confirm with the clerk before you submit. Where e-filing is not open to you, the clerk will accept paper filings in person or by mail.

How much does it cost to file for divorce or custody in New York?

Divorce filing fee: ~$210-$335. The exact amount is set by the clerk and changes over time, so verify the current schedule before filing. If you cannot afford the fee, New York courts let you ask for a fee waiver based on income.

Is there free self-help for self-represented parents near New York?

Yes. New York maintains a statewide self-help resource for people without a lawyer, and many clerks run a local self-help center too. Use those official resources for forms and procedure, and use FamilyCourtHelp.com to organize your case, draft documents, and prepare. This page is educational and not legal advice.

Which county court covers New York?

New York is served by the New York county court in New York. Divorce, custody, child support, and parenting-plan cases for New York residents are heard in that court's family division.

How long do I have to respond to a family court case in New York, New York?

In New York you generally have 20 days to file a written response after you are served (CPLR 320(a)). 20 days applies to in-hand personal service; 30 days for any other service method. The summons you were served lists your own deadline, and service method or case type can change it, so confirm the exact date with the clerk that serves New York before you rely on it.

How is child support calculated for New York families?

New York uses the Income Shares model. Both parents' incomes combined; obligation split proportionally by income share. Run the numbers on the New York child-support worksheet for an estimate; the judge sets the final amount and can adjust it for the facts of your case.

What is a restraining order called in New York?

In New York it is generally called a Order of Protection. You request it through the same court system that serves New York. If you or your children are in immediate danger, call 911 first, then ask the clerk how to file for emergency protection the same day.