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When can child support be ordered in New York?

On Behalf of | May 24, 2024 | Family Law

New York prioritizes the growth and development of its children. So, the state specifies conditions when parents must provide child support. This support includes financial contributions and the maintenance of health insurance coverage until the child turns 21.

According to New York State law, it becomes necessary to order child support in three key situations.

Divorce proceedings

During the emotionally charged process of divorce, a court can order one parent to provide child support. The goal is to ensure that children continue to receive the financial support they need for their well-being and development despite the changes in their family structure. This ruling is based on the understanding that regardless of marital status, parents are responsible for supporting their children.

Filing a support petition

Parents who are not going through a divorce—but need to establish a child support agreement—can file a support petition in Family Court. This might be necessary when the non-custodial parent refuses to contribute to the child’s expenses, even when both parents are living together with the child. The Family Court will then evaluate the situation and may order the non-custodial parent to provide child support.

Written agreement between parents

Parents have the choice to coordinate child support through a written agreement. However, the court might reject this agreement if it doesn’t meet certain requirements. The agreement needs to detail clearly:

  • The child support amount
  • The payment method
  • The support duration

Child support is important in protecting children’s welfare and development. Both parents share this responsibility, no matter their relationship status. To formalize this as a legal agreement in the event that parents part ways, it should meet all necessary legal requirements. Anyone needing guidance on formalizing child support agreements should consider consulting a legal professional. A legal professional can provide valuable insight and help with the best outcome for the child.