§ 545 — Order of support by parents

New York § 545

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Orders
• Art. 5: Paternity Proceedings

Text

§ 545. Order of support by parents. 1. In a proceeding in which the\ncourt has made an order of filiation, the court shall direct the parent\nor parents possessed of sufficient means or able to earn such means to\npay weekly or at other fixed periods a fair and reasonable sum according\nto their respective means as the court may determine and apportion for\nsuch child's support and education, until the child is twenty-one. The\norder shall be effective as of the earlier of the date of the\napplication for an order of filiation, or, if the children for whom\nsupport is sought are in receipt of public assistance, the date for\nwhich their eligibility for public assistance was effective. Any\nretroactive amount of child support shall be support arrears/past-due\nsupport and shall be paid in one sum or periodic sums as the court shall\ndirect, taking into account any amount of temporary support which has\nbeen paid. In addition, such retroactive child support shall be\nenforceable in any manner provided by law including, but not limited to,\nan execution for support enforcement pursuant to subdivision (b) of\nsection fifty-two hundred forty-one of the civil practice law and rules.\nThe court shall direct such parent to make his or her residence known at\nall times should he or she move from the address last known to the court\nby reporting such change to the support collection unit designated by\nthe appropriate social services district. The order shall contain the\nsocial security numbers of the named parents. The order may also direct\neach parent to pay an amount as the court may determine and apportion\nfor the support of the child prior to the making of the order of\nfiliation, and may direct each parent to pay an amount as the court may\ndetermine and apportion for the funeral expenses if the child has died.\nThe necessary expenses incurred by or for the mother in connection with\nher confinement and recovery and such expenses in connection with the\npregnancy of the mother shall be deemed cash medical support, and the\ncourt shall determine the obligation of either or both parents to\ncontribute to the cost thereof pursuant to subparagraph five of\nparagraph (c) of subdivision one of section four hundred thirteen of\nthis act. In addition, the court shall make provisions for health\ninsurance benefits in accordance with the requirements of section four\nhundred sixteen of this act.\n 2. The court, in its discretion, taking into consideration the means\nof the father and his ability to pay and the needs of the child, may\ndirect the payment of a reasonable sum or periodic sums to the mother as\nreimbursement for the needs of the child accruing from the date of the\nbirth of the child to the date of the application for an order of\nfiliation.\n