Terms & Definitions
The following is a sampling of common terms and definitions that you will encounter in the child support process. You can find a complete glossary of child support terms at the New York State Division of Child Support Enforcement at https://newyorkchildsupport.com/home.html. Just click on the “Quick Links” tab in the left hand column and then click on the “Glossary” link and then the “glossary of child support terms” link. You can also navigate to the glossary by clicking on this Glossary link.
Infant – a person who has not attained the age of eighteen years.
Custodial Parent – The parent who has primary custody, care and control of the child.
Non-custodial Parent – The parent who does not have primary care, custody, or control of the child, and has an obligation to pay child support. Also referred to as the obligor.
Support Magistrate – Formerly known as the Hearing Examiner. This court officer presides over the Support Hearing and will render the decision and Child Support Order. However, that decision shall not have force and effect on the non-custodial parent until confirmed by a Judge of the Family Court. If either parent is unsatisfied with the Support Magistrate’s determination, that parent can file written objections and have the determination reviewed by a Family Court Judge.
Child Support – The sum to be paid by one or both parents pursuant to a court order or valid agreement which provides for the care, maintenance and education of any unemancipated child under the age of twenty-one years.
Basic Child Support Obligation – the amount of child support to be paid which is determined by taking a percentage of the combined parental income.
Emancipation – As a general rule, when a child reaches the age of majority (twenty-one years in New York), the child is then "emancipated," freeing the child's parents of any further support obligations. Some states also have statutes that allow a court to impose upon the parents the duty to provide for college assistance support beyond the age of majority. However, in New York, this term was established through decisions of the courts. Emancipation occurs when a child either (i) attains the age of twenty-one; (ii) is self supporting earning enough money to support his/her needs; joins the military; or marries.
Cost of Living Adjustment (COLA) - This is an administrative increase in support payments. All support orders should be subject to periodic review based upon increases in cost of living and in accordance with the State's COLA regulation. However, in order to obtain COLA there must be a Court Order in place and the support must be payable through the New York State Child Support Collection Unit (CSCU) because CSCU does the COLA adjustment.
