How do I get child or spousal support? How do I modify a support order?
What is included in a child support order?
I am not receiving court ordered child support. How do I enforce that order? What help can I get to enforce that order?
I have lost my job and cannot pay the full amount of child support. How do I get the support order reduced?
My child will turn 21 soon. How do I stop child support payments?
How do I get support or alimony after a divorce?
Answer
The Family Court Act, Article 4 Support Proceedings governs support proceedings.
The CourtHelp website Child Support explains the process of filing for child support. There is a DIY program to change a child support order because of a "change in circumstances." The program can also be used to enforce the support if the other parent is not following it. The program can also be filed in advance of child turning to 21 in order to timely stop child support payments.
A "change in circumstances" can include: the child emancipating: getting married, joining the military; moving out and becoming self-supporting, or if the noncustodial parent gets custody. A change in the needs of the child or the noncustodial parent's income can also support a request to modify the order.
Child support will terminate automatically once the child reaches the age of twenty-one. There is no need to file a petition to terminate or modify the order.
Child support arrears will continue to be collected after the child reaches the age of twenty-one.
The Court Help Spousal Support explains the difference between spousal support and maintenance. Spousal Support applies when spouses are currently married. Spousal Support requests are filed in the same petition as a child support petition in Family Court.
If the spouses are divorced, the financial support one ex-spouse gets from the other ex-spouse is called maintenance. Maintenance is decided in Supreme Court during a divorce case.
New York City Human Resources Administration has a child support program for noncustodial parents that can help with lowering or even eliminating child support debt, changing an existing child support order and help with filing a modification.
Links & Files
- CourtHelp "Support" Opens in new window
- Divorce Information & Frequently Asked Questions Opens in new window
- Family Court Act, art 4 Support Proceedings Opens in new window
- Family Legal Care -- Legal Resource Guides Opens in new window
- How does a child under 21 file for emancipation? Opens in new window
- My child is 18 years old and working full-time. Can I stop paying child support? Opens in new window
- NY Courts Child Support Resources Opens in new window
- NY Courts Divorce Resources Home Opens in new window
- NY Courts Maintenance and Child Support Tools Opens in new window
- NYC Child Support Services Opens in new window
- NYC Child Support Handbook for Custodial Parents Opens in new window
- NYC Child Support Handbook for Noncustodial Parents Opens in new window
- Rural Law Center of New York Family Matters Opens in new window