New York Consolidated Laws

N.Y. Social Services Law § 101 (2026)

Liability of relatives to support

✓ current as of May 2026

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§ 101.  Liability of relatives to support. 1.  Except as otherwise
provided by law, the spouse or parent of a recipient of public
assistance or care or of a person liable to become in need thereof
shall, if of sufficient ability, be responsible for the support of such
person, provided that a parent shall be responsible only for the support
of a child under the age of twenty-one years.  Step-parents shall in
like manner be responsible for the support of step-children under the
age of twenty-one years. Nothing herein shall impose any liability upon
a person to support the adopted child of his or her spouse if such child
was adopted after the adopting spouse is living separate and apart from
the non-adopting spouse pursuant to a legally recognizable separation
agreement or decree under the domestic relations law.  Such liability
shall not be imposed for so long as the spouses remain separate and
apart after the adoption.
  2.  The liability imposed by this section shall be for the benefit of
the public welfare district concerned or any legally incorporated
non-profit institution which receives payments from any governmental
agency for the care of medically indigent persons, and such liability
may be enforced by appropriate proceedings and actions in a court of
competent jurisdiction.  Such proceedings and actions may be brought by
such an institution in any court wherein a similar proceeding or action
could be brought by a public welfare official.
  3. The expiration of any period of time for the payment of maintenance
by a court in a matrimonial action shall not be a bar to the enforcement
of the liability imposed by this section.

Notes of Decisions

Cited in 64 cases (1 in the last 5 years), 1970–2023 · leading case: Langan v. St. Vincent's Hosp., 25 A.D.3d 90 (N.Y. App. Div. 2005).

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Langan v. St. Vincent's Hosp., 25 A.D.3d 90 (N.Y. App. Div. 2005). · cites it 3× “Family Ct Act § 412; Social Services Law § 101 [1]). 1 But, as applied here, the statute does not permit the surviving member of a Vermont civil union to sue for wrongful death, even though, like spouses, each member of the civil union is obligated by law to support the other…”

Steuben Cnty. Dep't of Soc. Servs. v. Deats, 560 N.E.2d 760 (NY 1990). · cites it 3× “Social Services Law § 101, governing the liability of relatives to provide support, was amended in 1966 to exempt all but the spouse of a public assistance recipient and, where the recipient is a minor, his parent (see, L 1966, ch 256, § 18).”

Bani-Esraili v. Lerman, 505 N.E.2d 947 (NY 1987). “, Family Ct Act § 413 [1]; Domestic Relations Law § 32 [3]; Social Services Law § 101 [1]; and see, Besharov, Practice Commentary, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act § 413, pp 65-66; and see, 1966 NY Legis Ann, at 326-327 [Governor’s Message to Legislature,…”

Hirsch v. Hirsch, 142 A.D.2d 138 (N.Y. App. Div. 1988). · cites it 2× “The plaintiff argues that, absent an agreement on his part to continue child support and/or to pay for the college expenses of his children after they reach the age of 21 years, the Supreme Court has no authority to issue such a directive.”

State v. Patricia, 844 N.E.2d 743 (NY 2006). “It did so when providing, for example, for the recovery of public assistance payments from responsible relatives in Social Services Law § 101 (1) only “if of sufficient ability” and in an action for the recovery of birth expenses from unwed fathers, authorized in Social Services…”

Mendelson v. Transp. of New Jersey, 113 A.D.2d 202 (N.Y. App. Div. 1985). · cites it 3× “Social Services Law §§ 101 and 104 currently provide, in pertinent part, as follows: "§ 101.”

Comm'r of the Dep't of Soc. Servs. v. Spellman, 243 A.D.2d 45 (N.Y. App. Div. 1998). · cites it 2× “Contrary to defendant’s contention, there is no requirement in the statutory scheme that a support proceeding be first commenced in Family Court in order for a right of recovery to exist under Social Services Law § 101, or that DSS may only recover from “windfalls” received by…”

Comm'r of Soc. Servs. ex rel. Wandel v. Segarra, 577 N.E.2d 47 (NY 1991). “Social Services Law §§ 101, 102 impose a duty on a spouse or parent to indemnify the government for funds expended for the support of a child, stepchild, or spouse.”

Comm'r of the Dep't of Soc. Servs. v. Fishman, 280 A.D.2d 396 (N.Y. App. Div. 2001). · cites it 2× “” (See also, Social Services Law §§ 101, 102, 104.) Defendant moved to dismiss the complaint for failure to state a cause of action, contending that DSS failed to plead the statutorily required conditions precedent to the formation of an implied contract, i.”

In re the Est. of Schneider, 70 A.D.3d 842 (N.Y. App. Div. 2010). · cites it 4× “The petitioner appeals, and we modify the decree. Contrary to the petitioner’s contention, DSS may recover, from the estate of the Community spouse, the cost of Medicaid benefits paid for the care of an institutionalized spouse, so long as the community spouse was a…”

Hernandez v. Robles, 7 Misc. 3d 459 (N.Y. Sup. Ct. 2005). “(Social Services Law § 101.) Spouses, but not unmarried couples, are permitted to take out insurance policies on each other.”

In Re the Est. of Craig, 624 N.E.2d 1003 (NY 1993). “Social Services Law § 101 ("Liability of relatives to support”) only provides that "the spouse or parent of a recipient of public assistance or care * * * if of sufficient ability, [will] be responsible for the support of such person” (§ 101 [1]; emphasis added).”

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