John L. Sampson


An act to repeal section 516 of the Family Court Act, relating to agreements or compromises of support in paternity proceedings.


Existing Law

Section 516 of the Family Court Act provides that the mother of a non-marital child and the putative father may enter into a private agreement pertaining to child support.  If that agreement is approved by the court, it bars all future requests for support modification, regardless of any change in circumstances experienced by the parents.


Summary of Amendment Provisions

Repeals section 516 of the Family Court Act, thereby requiring that non-marital children be provided under the same support agreement model that is currently employed to provide for marital children after a divorce.  Courts may now consider motions for support modification, and take into account the best interests of the child in determining adequate support.  Under this new legislation, non-marital children in New York will be entitled to receive the same consideration for support that courts currently grant marital children.