Family Court Act, Article 4, Support Proceedings Part 2, § 425: Agreement to Support

Although the Support Magistrate or Family Court can calculate child support based on New York's statutory child support guidelines, oftentimes parents work out their own support agreement. New York law requires that once a couple has come up with a mutually agreed upon child support agreement, it must be put in writing and filed with Family Court or the support magistrate. Under Family Court Act, Article 4, § 425, if the Family Court or support magistrate approves the agreement, then no hearing is necessary and an order for support will be issued in accordance with the agreement. The order will be binding on both parties as if the agreement was initiated by the court.

John and Sally are parents to 3-month-old Daniel. John and Sally are together as a couple, but are not legally married and do not live together. John and Sally agreed that Daniel would live primarily with Sally, but that John would see him regularly. John and Sally also agreed that Sally would not work for 2 years and instead stay home with Daniel. The couple agreed that John would give Sally $3000/month in child support, would add Daniel to his health insurance, would pay for any uncovered medical expenses, and would pay for activities for Daniel such as play classes. John and Sally typed up their agreement and submitted it to the Support Magistrate in Nassau County. The Support Magistrate reviewed the agreement and approved it. The Family Court then issued a support order in accordance with the agreement.

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. Probation services New York Family Court Act, Article 4, Support Proceedings, Part 2, § 424
4. Compulsory financial disclosure: New York Family Court Act, Article 4, Support Proceedings, Part 2, § 424-A

If an agreement for the support of the petitioner is brought about, it must be reduced to writing and submitted to the family court or a support magistrate appointed pursuant to § four hundred thirty-nine of this act for approval. If the court or support magistrate approves it, the court without further hearing may thereupon enter an order for the support of the petitioner by the respondent in accordance with the agreement, which shall be binding upon the respondent and shall in all respects be a valid order as though made after process had been issued out of the court. The court record shall show that such order was made upon agreement.

If you have a concern related your child support agreement or child support order, it is important that you contact someone with experience. To ensure that an informal child support agreement is legally enforceable, you must submit it to Family Court or to the Support Magistrate for approval. However, it is also important for such an agreement to be reviewed by a knowledgeable New York Child Support Lawyer. 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: