Child Support

Child support is money that a parent pays for the care, maintenance and education of his/her unemancipated minor child under the age of 21, according to a court order or an agreement between the parties.¹ Child support has to be paid until the child turns 26 if s/he:

• is developmentally disabled;
• lives with the person filing for child support; and
• is mainly dependent on the person filing for support.²

You can file for child support after a custody order is in place or without a custody order if you are the custodial parent (your child lives with you). Note: If a non-parent is raising a child, such as a legal guardian or someone in loco parentis, s/he can file for child support against one or both parents.³

If you are filing against the child’s father, you must establish paternity first (if it has not been established already). For information about how paternity is established, please see the section entitled What are some pros and cons of getting a custody order? Establishing paternity will legally establish the father’s rights to the child and so if this concerns you, you may want to consult an attorney before doing filing for support.

For more information about filing for child support in New York, please see NY Child Support Online on the NYS Division of Child Support Enforcement website.

¹ NY Dom Rel Law § 236(B)(1)(f); NY Fam Ct Act § 413(1)(a) & (1)(b)(2)
² NY Dom Rel Law § 240-d; NY Fam Ct Act § 413-b
³ NY Fam Ct Act § 422(a)