CPLR § 1211

Allowance for infant's support · as in force on May 31, 2026

Rule 1211. Allowance for infant's support. (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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/1211

In plain English

This rule explains what a petition to the supreme court, county court or surrogate's court to apply an infant's property to the infant's support, maintenance or education must contain and who receives notice.

(a)(1) The petition must detail the amount and nature of the infant's property, where it is located and how invested, the infant's income from it or any other source, and any claim against the infant.
(a)(2) It must state whether the parents are living and, if either is, all circumstances bearing on their ability to support the infant; if neither is, the names of others legally obligated to support the infant and their ability to do so.
(a)(3) It must state the terms of any previous order by any court, in or outside the state, for similar relief and what was done with property under it.
(b) Notice, as the court directs, goes to the guardian of the property if someone else petitions, all parents and guardians of the person, and the infant if aged 14 years or older. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.