Family Court Act, Article 4, Support Proceedings Part 2, § 422: Persons Who may Originate Proceedings

New York law requires certain people to provide financial support to other people. Most people are familiar with a non-custodial parent being required to pay child support to the custodial parent for the benefit of the child. However, there are other instances in which the law requires one person to support another. For example, under Family Court Act, Article 4, §s 412 a married person has a duty to support his or her spouse. There are also support requirements related to people who are on public assistance or who are incapacitated. Under New York Family Court support rules, only certain people and entities may petition Family Court in an effort to initiate support proceedings. Under Family Court Act, Article 4, § 422, only the following people have the legal authority to commence support proceedings:

1. Husband, wife, child, or relative in need of public assistance or care
2. A social services official
3. The commissioner of mental health
4. A parent or guardian of a child, or other person acting for the child's parents
5. A representative of an incorporated charitable or philanthropic society having a legitimate interest
6. A guardian ad litem, conservator, next friend, or other person appointed by the court
7. Any party to a decree of divorce, separation or annulment may originate a proceeding to enforce or modify a degree of the Supreme Court or a court of competent jurisdiction that is not of the state of New York.

1. Married person's duty to support spouse: New York Family Court Act, Article 4, Support Proceedings, Part 1, § 412
2. Parents' duty to support child: New York Family Court Act, Article 4, Support Proceedings, Part 1, § 413
3. Petition; prior demand not required: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 423
4. Probation services New York Family Court Act, Article 4, Support Proceedings, Part 2, § 424
5. Agreement to support: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 425

1. A husband, wife, child, or relative in need of public assistance or care may originate a proceeding under this article to compel a person chargeable with the support to support the petitioner as required by law. A social services official may originate a proceeding under this article if so authorized by § one hundred and two of the social services law. The commissioner of mental health may originate a proceeding under this article when authorized by article forty-three of the mental hygiene law. A parent or guardian, of a child, or other person in loco parentis, or a representative of an incorporated charitable or philanthropic society having a legitimate interest in the petitioner, or, when the petitioner is unable because of his physical or mental condition to file a petition, a guardian ad litem, or a committee, conservator, next friend or other person appointed by the court, may file a petition in behalf of a dependent relative.
2. Any party to a decree of divorce, separation, or annulment may originate a proceeding to enforce or modify a decree of the Supreme Court or a court of competent jurisdiction, not of the state of New York, as is provided in part six of this article.

If you have a concern related to child support or any other type of support payment, it is important that you contact someone with experience. New York child support laws are complicated, involving not only Family Court procedure, but the rules regarding calculating support. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York Family Court in matters related to child support enforcement, child support reduction, and other types of issues related to support. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those involved in child support matters in the following locations: