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:
In New York, the biological parent is primarily responsible for child support. A stepfather may be required to provide support only if the biological parent's support is insufficient to prevent the child from needing public assistance. This is outlined in the New York Family Court Act § 413(1)(a), which states that parents of a child under twenty-one must support their child if they have the means to do so. Additionally, under N.Y. Fam. Ct. Act § 415, step-parents are similarly responsible for supporting children under twenty-one years old.
In the case of Monroe Cty. Dep't of Soc. Servs. on Behalf of Palermo v. Palermo, the court determined that a stepfather is not obligated to pay child support unless there is evidence that the biological fathers are not providing adequate support. Therefore, a stepchild may only claim support from their stepfather if the support from their biological father is insufficient to keep them off public assistance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.