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Child Support

Under New York State law, both parents must financially support their child until the child turns 21 years old. Child support also includes providing health insurance coverage until the child turns 21 years old.

If the child is under 21 and married, self-supporting, or in the military then the child is emancipated and the parents don't have to support the child.

 

About Child Support

In general, the custodial parent can get child support from the other parent, the non-custodial parent. The custodial parent is the parent who has physical custody of the child. This means that the child lives with this parent most of the time.

  • If the two parents were never married to each other, there must be an Acknowledgment of Paternity or Order of Filiation to establish paternity.
  • The custodial parent can get child support even if that parent can support the child on their own.
  • Even if the two parents are living together with the child, one parent can get a child support order if the other parent refuses to help pay for the child's bills

If the child is in foster care then both parents have a responsibility of paying child support.

Child support can be arranged by written agreement or by filing a support petition in Family Court for a court order. The two parents can sign a written agreement about how much child support will be paid. A written agreement must meet a few specific requirements or the Court can refuse to use it.

 

Child Support Order

If you don't have a child support order, you can file a support petition in Family Court.

If you already have a child support petition from Family Court and the other parent won't pay the child support order, you can file a petition to enforce the order in Family Court. You can use the free and easy Support Violation/Enforcement DIY Form program to make your petition.

If you have a child support order and want to change it, you can file a petition to modify the order in Family Court. You can use the free and easy Support Modification DIY Form program to make your petition to ask the Family Court to change your support order.

 
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