Article 12. Infants, Incompetents and Conservatees · Last amended 2019 · Last verified July 21, 2026
In one sentenceCPLR 1211 lets a New York court release part of a child's own property to pay for the child's support, maintenance, or education, after a petition detailing the child's estate, the parents' ability to pay, and any earlier orders on the same subject.
(a)Petition to supreme court, county court or surrogate’s court; contents. A petition to the supreme court, county court or the surrogate’s court for the application of an infant’s property or a portion thereof to the infant’s support, maintenance or education shall set forth in detail:
1. the amount and nature of the infant’s property, where it is situated and how invested, his income from such property or any other source and any claim against the infant; 2. whether or not the infant’s parents are living and, if either of them is living, all circumstances relative to their ability to support the infant, and, if neither of them is living, the names of other persons legally obligated to support the infant and the circumstances relative to their ability to support the infant; and 3. the terms of any previous order made by any court within or without the state for similar relief and the disposition made of any property pursuant thereto.
(b)Notice. Such notice as the court shall direct shall be given to: 1. the guardian of the property of the infant, if the petition is presented by a person other than such guardian; 2. all parents and guardians of the person of the infant; and 3. the infant if he or she is of the age of fourteen years or more.
Plain-English Summary
A child's own property can sometimes cover a child's own needs. Section 1211 lets someone petition the supreme court, a county court, or the surrogate's court to apply part of a child's property toward support, maintenance, or education. The petition has to detail the amount and nature of the child's property, where it's held and invested, the child's income, and any claims against the child.
It also has to address whether the child's parents are living and, if so, their ability to support the child, or, if neither parent is living, who else is legally obligated to support the child and what their ability to pay looks like. And it has to disclose any earlier order, from any court, granting similar relief and what happened to the property under that order.
Notice goes to the guardian of the child's property (if someone else brought the petition), to any parents and guardians of the child's person, and to the child, if fourteen or older.
Frequently Asked Questions
Can a child's own money be used to support them in New York?
Yes. CPLR 1211 lets a court apply part of a child's property toward the child's support, maintenance, or education.
Who can petition to use a child's property for support?
The petition can come from the guardian of the child's property or another interested person; the statute doesn't limit it to just one party.
Does the court consider whether the parents can afford to support the child?
Yes. The petition must address the parents' living status and their ability to support the child, or, if the parents aren't living, who else is legally obligated to do so.
Who gets notice of a petition for a child's support allowance?
The guardian of the child's property (if someone else filed the petition), any parents and guardians of the child's person, and the child, if fourteen or older.
Which New York courts can hear a petition under CPLR 1211?
The supreme court, a county court, or the surrogate's court.
Advisory Committee Notes
This rule is derived from RCP 293 with only minor stylistic changes. It should be read together with provisions in the Surrogate’s Court Act and rules of particular Surrogate’s Courts governing such applications. See, e.g., Surr Ct Act § 194; Kings Co Surr Ct Rule XXVIII; NY Co Surr Ct Rule XIII.
This measure amends rule 1211 of the Civil Practice Law and Rules in relation to providing notice of allowance for an infant’s support. This proposal is one in a series of recent proposals before the legislature to update antiquated statutory language.
Under the current law, this statute requires that notice first go to the infant’s father, and if he is not alive, to the infant’s mother. This language does not reflect the diverse family structures that exist throughout the State and does not treat parents and legal guardians equitably under the law.
Therefore, this measure requires that notice be given to either the parent or legal guardian of the infant, and if there is more than one, to both parents or legal guardians of the infant at the same time. The purpose of this proposal is to ensure that all persons legally responsible for an infant, regardless of gender or status as a parent or legal guardian, receive equal notice of that infant’s right to support.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1972, ch 276, § 1, eff Sept 1, 1972; L 2019, ch 427, § 1, effective October 29, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as:using a child's money for support New Yorkpetition for infant support allowance NYcourt order to use child's property for maintenanceinfant estate support petition New Yorkguardian petition child support New York