Section 545. Order of support by parents  


Latest version.
  • * 1. In a proceeding in which the
      court has made an order of filiation, the court shall direct the  parent
      or  parents  possessed of sufficient means or able to earn such means to
      pay weekly or at other fixed periods a fair and reasonable sum according
      to their respective means as the court may determine and  apportion  for
      such  child's  support and education, until the child is twenty-one. The
      order shall  be  effective  as  of  the  earlier  of  the  date  of  the
      application  for  an  order  of  filiation, or, if the children for whom
      support is sought are in receipt of  public  assistance,  the  date  for
      which  their  eligibility  for  public  assistance  was  effective.  Any
      retroactive amount of child support shall  be  support  arrears/past-due
      support and shall be paid in one sum or periodic sums as the court shall
      direct,  taking  into  account any amount of temporary support which has
      been  paid.  In  addition,  such  retroactive  child  support  shall  be
      enforceable in any manner provided by law including, but not limited to,
      an  execution  for  support  enforcement  pursuant to subdivision (b) of
      section fifty-two hundred forty-one of the civil practice law and rules.
      The court shall direct such parent to make his or her residence known at
      all times should he or she move from the address last known to the court
      by reporting such change to the support collection  unit  designated  by
      the  appropriate  social  services district. The order shall contain the
      social security numbers of the named parents. The order may also  direct
      each  parent  to  pay an amount as the court may determine and apportion
      for the support of the child  prior  to  the  making  of  the  order  of
      filiation,  and may direct each parent to pay an amount as the court may
      determine and apportion for (i) the funeral expenses if  the  child  has
      died;  (ii)  the  necessary  expenses  incurred  by or for the mother in
      connection with her confinement and recovery; and (iii) such expenses in
      connection with the pregnancy of  the  mother  as  the  court  may  deem
      proper.  In  addition,  the  court  shall  make  provisions  for  health
      insurance benefits in accordance with the requirements of  section  four
      hundred sixteen of this act.
        * NB Effective until October 9, 2009
        * 1.  In  a  proceeding  in  which  the  court  has  made  an order of
      filiation, the court shall direct the parent  or  parents  possessed  of
      sufficient  means  or  able to earn such means to pay weekly or at other
      fixed periods a fair and reasonable sum according  to  their  respective
      means  as the court may determine and apportion for such child's support
      and education, until  the  child  is  twenty-one.  The  order  shall  be
      effective  as of the earlier of the date of the application for an order
      of filiation, or, if the children for whom  support  is  sought  are  in
      receipt  of  public assistance, the date for which their eligibility for
      public assistance was effective. Any retroactive amount of child support
      shall be support arrears/past-due support and shall be paid in  one  sum
      or  periodic  sums  as  the  court shall direct, taking into account any
      amount of temporary support which  has  been  paid.  In  addition,  such
      retroactive child support shall be enforceable in any manner provided by
      law  including, but not limited to, an execution for support enforcement
      pursuant to subdivision (b) of section fifty-two  hundred  forty-one  of
      the  civil practice law and rules. The court shall direct such parent to
      make his or her residence known at all times should he or she move  from
      the  address  last  known  to  the court by reporting such change to the
      support collection unit designated by the  appropriate  social  services
      district.  The  order  shall  contain the social security numbers of the
      named parents. The order may also direct each parent to pay an amount as
      the court may determine and apportion for the support of the child prior
      to the making of the order of filiation, and may direct each  parent  to
      pay  an  amount as the court may determine and apportion for the funeral
    
      expenses if the child has died. The necessary expenses  incurred  by  or
      for  the mother in connection with her confinement and recovery and such
      expenses in connection with the pregnancy of the mother shall be  deemed
      cash  medical  support,  and the court shall determine the obligation of
      either or both parents to contribute to the  cost  thereof  pursuant  to
      subparagraph  five  of  paragraph (c) of subdivision one of section four
      hundred thirteen  of  this  act.  In  addition,  the  court  shall  make
      provisions   for  health  insurance  benefits  in  accordance  with  the
      requirements of section four hundred sixteen of this act.
        * NB Effective October 9, 2009
        2. The court, in its discretion, taking into consideration  the  means
      of  the  father  and  his ability to pay and the needs of the child, may
      direct the payment of a reasonable sum or periodic sums to the mother as
      reimbursement for the needs of the child accruing from the date  of  the
      birth  of  the  child  to  the  date  of the application for an order of
      filiation.