Full question:
Under New York law, can a stepchild under the age of 21 claim child support from his stepfather ?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: New York
Answer:
Generally, in New York, the biological parent of a child is primarily required to provide child support and only if that support is insufficient to keep the child off public assistance, the stepfather is required to provide child support. Child support provision is provided under N.Y. Fam. Ct. Act § 413(1)(a), which reads as:1. (a) Except as provided in subdivision two of this section, the parents of a child under the age of twenty-one years are chargeable with the support of such child and, if possessed of sufficient means or able to earn such means, shall be required to pay for child support a fair and reasonable sum as the court may determine. The court shall make its award for child support pursuant to the provisions of this subdivision. The court may vary from the amount of the basic child support obligation determined pursuant to paragraph (c) of this subdivision only in accordance with paragraph (f) of this subdivision.
(b) For purposes of this subdivision, the following definitions shall be used:
(1) “Basic child support obligation” shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) “Child support” shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
(b) For purposes of this subdivision, the following definitions shall be used:
(1) “Basic child support obligation” shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) “Child support” shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
Additionally, under N.Y. Fam. Ct. Act § 415, which read as:
Except as otherwise provided by law, the spouse or parent of a recipient of public assistance or care or of a person liable to become in need thereof or of a patient in an institution in the department of mental hygiene, if of sufficient ability, is responsible for the support of such person or patient, provided that a parent shall be responsible only for the support of his child or children who have not attained the age of twenty-one years. In its discretion, the court may require any such person to contribute a fair and reasonable sum for the support of such relative and may apportion the costs of such support among such persons as may be just and appropriate in view of the needs of the petitioner and the other circumstances of the case and their respective means. Step-parents shall in like manner be responsible for the support of children under the age of twenty-one years.
In Monroe Cty.Dep't of Soc. Servs.on Behalf of Palermo v. Palermo, the court held that absent showing any attempt to recover child support from the children's biological fathers, stepfather was not required to pay child support to stepchildren.
In the present case, the stepchild may be entitled to child support from his stepfather only if the support received from his/her biological father is insufficient to keep child off public assistance.
Monroe Cty.Dep't of Soc. Servs.on Behalf of Palermo v. Palermo, 192 A.D.2d 1114 (1993).
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