3rd Judicial District
Family Courts - Child Support

Under New York State law, both parents of a child under 21 years of age are responsible for supporting the child. The law applies to parents who are or were married as well as to parents who were never married.

A child under 21 years of age may be deemed to be emancipated if he or she attains economic independence through employment, entering into the military or marriage or if he or she is between 17 and 21 and leaves the parents' home and refuses to obey the parents' reasonable rules.

Both parties have the right to appeal the order by filing an "objection" within 30 days of the receipt of the order in the courtroom or by personal service or within 35 days of the date the order was mailed to them. The objection must be filed with the Court Clerk's Office, with a copy sent to the opposing party. The other party may send a reply to the court. After reviewing the case file, a Judge then rules on the objection. The Judge may leave the order as it is, change it, or send the case back to the Support Magistrate for further proceedings.

A custodial parent who lives in this State and seeks support from the non custodial parent who lives in another State may file an interstate case in the Family Court of his or her county under the Uniform Interstate Family Support Act (UIFSA). The party filing the petition is not required to appear in the court of the other state and will be represented by a local city or county attorney at the support hearing.

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