Laura K. Coleman, J.D. Candidate, 2008
This guide is for informational purposes only and is not intended to be a substitute for professional legal advice.
OBTAINING CHILD SUPPORT IN THE STATE OF NEW YORK
Every state has a process which parents must follow to obtain court ordered child support. This website is intended to provide parents residing in the State of New York with the necessary information in order to: (i) locate the laws which govern child support in New York; (ii) locate the rules and procedures followed by the Family Courts in New York; (iii) locate the appropriate executive agencies responsible for administering child support orders; and (iv) locate the appropriate forms to file in order to obtain a child support order or modify an existing child support award. The main objective is to familiarize parents with the process of obtaining child support as it occurs within the Family Court of the State of New York.
OVERVIEW
The fundamental principle of child support is simple: Both parents have a responsibility to economically contribute to the welfare of their children until the child becomes emancipated. This can occur automatically when the child reaches the age of twenty-one or through other means defined as defined on the Terms & Definitions page, whichever occurs first. Whether the parents are recently divorced or have never been married, this principle remains the same.
In July, 1989, the State of New York passed the Child Support Standards Act (CSSA) which provides guidelines for both the Family Courts and Supreme Courts of New York to follow in determining child support. Although both courts have concurrent jurisdiction with regard to child support decisions, for the purposes of this website only the Family Court's procedures will be addressed. The CSSA, which is discussed in further detail on the Legislative page, provides Family Court Judges and Support Magistrates with guidelines to determine the amounts of child support due to custodial parents as well as how the support is to be paid.
