After the Order — Enforcing It, Changing It, or Challenging It
An order does not always end the case. There are four things you can do about one. They are listed here in the order parents use them, most common first. They answer different questions, and they are not interchangeable.
Four paths
| The question it answers | The deadline | |
|---|---|---|
| 1. Enforcement | The other parent is not following the order | None fixed |
| 2. Modification | The situation has changed since the order | None fixed |
| 3. Objections | A Support Magistrate decided it, and the decision was wrong | 30 days, or 35 if mailed |
| 4. Appeal | A judge made an error on the record already made | As little as 30 days |
The first two start a new case about how things are now. The last two challenge a decision that was already made, on a record that already exists.
1. Enforcement, when the order is being ignored
This is the most common reason parents come back to family court. You file an enforcement petition, also called a violation petition. The court holds a hearing and decides whether a violation happened and what to do about it.
New York runs a free program that fills out the petition for you: CourtHelp Custody/Visitation Enforcement Petition Program.
Support orders are enforced more forcefully. If support was not paid, the court enters a money judgment for what is owed, and can order the money taken directly out of wages. If the court finds the failure was willful, it can also order the other parent to pay your legal fees, and can jail them for up to six months.
Orders of protection are enforced on a separate track, and violating one can be a crime. This guide does not cover that. If that is your situation, start at How to Find a Lawyer or Free Legal Help.
2. Modification, when the situation has changed
A modification case asks the court to change the order going forward. It does not argue that the first order was wrong.
For custody and visitation, the court can change an order if things have changed and the change would be best for the child. There is a free program for this petition too: CourtHelp Custody/Visitation Modification Petition Program. The court's own overview of both paths is at Help With Custody & Visitation Orders.
For child support, there are three routes. A substantial change in circumstances. Three years passing since the order was entered or last changed. Or a change of 15 percent or more in either parent's gross income. A drop in income only counts if it was involuntary and the parent looked for comparable work.
3. Objections, when a Support Magistrate decided your case
Support cases are usually heard by a Support Magistrate rather than a judge. You do not appeal that decision. You file written objections with the court within 30 days if you got the order in court or it was handed to you, or 35 days from the day it was mailed or sent electronically.
You serve the other parent, and they have 13 days to file an answer. A judge then reviews both, and either sends issues back to the magistrate, makes new findings, or denies the objections.
The order stays in effect the whole time. Filing objections does not pause it.
4. Appeal, the least used and the hardest
An appeal asks the Appellate Division to review what the Family Court did. It is not a second hearing. You cannot add evidence or call new witnesses. The appellate court reads the record that already exists.
The deadline is short. You have 30 days from the order being served on you, 30 days from receiving it in court, or 35 days from the clerk mailing it, whichever comes first. You start by filing a notice of appeal. The court's step-by-step page is Starting an Appeal.
Filing does not stop the order. Only a judge of the Appellate Division can pause it while the appeal runs.
Cost is not always the barrier it looks like. If a legal aid lawyer or an assigned lawyer represented you in Family Court, the law presumes you qualify for an assigned lawyer on appeal and for the transcript, without a further motion. If you were on your own, the Appellate Division for your area has a form for asking for both, and there is no fee to file it.
Transcripts
Objections and appeals both argue about what happened on the record, so you will usually need a transcript. Court staff call it the minutes.
You request it from the court. Which form you use depends on whether a court reporter took the proceeding down or it was recorded electronically. Only a party or their lawyer can order one, and you will need photo identification. In New York City, the request forms are on the Family Court transcripts page. Outside the city, ask the clerk's office in your county.
Order it early. Transcripts cost money and take time, and the deadlines run while you wait.
Where Jethro Justice fits. We help you understand the process and get organized. For advice about your specific case, or to be represented in court, we will help you connect with a licensed attorney. Find a lawyer or legal aid →