2006 New York Code - Custody And Child Support; Orders Of Protection.



 
    § 240. Custody and child support; orders of protection.  1. (a) In any
  action  or  proceeding brought (1) to annul a marriage or to declare the
  nullity of a void marriage, or (2)  for  a  separation,  or  (3)  for  a
  divorce, or (4) to obtain, by a writ of habeas corpus or by petition and
  order  to  show  cause,  the  custody of or right to visitation with any
  child of a marriage, the court shall require verification of the  status
  of  any  child  of the marriage with respect to such child's custody and
  support, including any prior orders, and shall enter orders for  custody
  and  support  as,  in  the  court's discretion, justice requires, having
  regard to the circumstances of the case and of  the  respective  parties
  and  to the best interests of the child and subject to the provisions of
  subdivision one-c of this section.  Where  either  party  to  an  action
  concerning custody of or a right to visitation with a child alleges in a
  sworn   petition   or   complaint   or   sworn  answer,  cross-petition,
  counterclaim or other sworn responsive pleading that the other party has
  committed an act of domestic  violence  against  the  party  making  the
  allegation  or  a  family  or  household member of either party, as such
  family or household member is defined in article  eight  of  the  family
  court  act,  and  such  allegations are proven by a preponderance of the
  evidence, the court must consider the effect of such  domestic  violence
  upon the best interests of the child, together with such other facts and
  circumstances as the court deems relevant in making a direction pursuant
  to  this  section. An order directing the payment of child support shall
  contain the social security numbers of the named parties. In  all  cases
  there  shall  be  no  prima  facie  right to the custody of the child in
  either parent. Such direction shall make provision for child support out
  of the property of either or both parents.  The  court  shall  make  its
  award  for  child support pursuant to subdivision one-b of this section.
  Such direction may provide  for  reasonable  visitation  rights  to  the
  maternal  and/or paternal grandparents of any child of the parties. Such
  direction as it applies to rights of visitation with a child remanded or
  placed in the care of a person, official, agency or institution pursuant
  to article ten of the family court act, or  pursuant  to  an  instrument
  approved  under  section  three  hundred  fifty-eight-a  of  the  social
  services law, shall be enforceable pursuant to part eight of article ten
  of the family court act and sections  three  hundred  fifty-eight-a  and
  three  hundred  eighty-four-a  of  the  social  services  law  and other
  applicable provisions of law against any person having care and custody,
  or temporary care and custody, of the child.  Notwithstanding any  other
  provision of law, any written application or motion to the court for the
  establishment, modification or enforcement of a child support obligation
  for  persons  not  in receipt of public assistance and care must contain
  either a request for child  support  enforcement  services  which  would
  authorize  the  collection  of  the  support obligation by the immediate
  issuance of an income execution for support enforcement as provided  for
  by  this  chapter,  completed  in  the  manner  specified in section one
  hundred eleven-g of the social services law; or  a  statement  that  the
  applicant  has  applied  for  or  is  in  receipt of such services; or a
  statement that the applicant knows of the availability of such services,
  has declined them at this time and where  support  enforcement  services
  pursuant to section one hundred eleven-g of the social services law have
  been  declined  that  the applicant understands that an income deduction
  order may be issued pursuant to subdivision  (c)  of  section  fifty-two
  hundred  forty-two  of  the  civil  practice law and rules without other
  child support enforcement services and that payment of an administrative
  fee may be required. The court shall provide a copy of any such  request
  for child support enforcement services to the support collection unit of
  the appropriate social services district any time it directs payments to
  be  made to such support collection unit.  Additionally, the copy of any
  such request shall be  accompanied  by  the  name,  address  and  social
  security  number  of  the  parties;  the  date and place of the parties'
  marriage;  the  name and date of birth of the child or children; and the
  name and address of the employers and income payors of  the  party  from
  whom  child  support  is  sought  or from the party ordered to pay child
  support to the other party. Such direction may require the payment of  a
  sum or sums of money either directly to the custodial parent or to third
  persons  for  goods  or  services  furnished for such child, or for both
  payments to the custodial parent and to such  third  persons;  provided,
  however,  that  unless  the party seeking or receiving child support has
  applied for or is receiving such services, the court  shall  not  direct
  such  payments to be made to the support collection unit, as established
  in section one hundred eleven-h of the social services law. Every  order
  directing  the  payment  of  support shall require that if either parent
  currently, or at any time in the future, has health  insurance  benefits
  available  that  may  be  extended  or obtained to cover the child, such
  parent is required to exercise the  option  of  additional  coverage  in
  favor  of  such  child and execute and deliver to such person any forms,
  notices, documents or instruments necessary to assure timely payment  of
  any health insurance claims for such child.
    (b)  As  used  in  this  section,  the  following terms shall have the
  following meanings:
    (1) "Health insurance benefits" means any medical, dental, optical and
  prescription drugs  and  health  care  services  or  other  health  care
  benefits  that  may  be  provided for a dependent through an employer or
  organization, including such employers or organizations which  are  self
  insured,  or  through  other  available  health insurance or health care
  coverage plans.
    (2) "Available health insurance benefits" means any  health  insurance
  benefits  that are reasonable in cost and that are reasonably accessible
  to the person on whose behalf the petition is brought. Health  insurance
  benefits  that  are  not  reasonable  in  cost or whose services are not
  reasonably accessible to such person, shall be considered unavailable.
    (c) When the person on whose behalf  the  petition  is  brought  is  a
  child,  the  court  shall  consider the availability of health insurance
  benefits to all parties and shall take the following  action  to  ensure
  that  health  insurance  benefits  are  provided  for the benefit of the
  child:
    (1) Where the child is presently covered by health insurance benefits,
  the court shall direct in the order of support  that  such  coverage  be
  maintained,  unless either parent requests the court to make a direction
  for health insurance benefits coverage pursuant to paragraph two of this
  subdivision.
    (2) Where the child is  not  presently  covered  by  health  insurance
  benefits, the court shall make a determination as follows:
    (i)  If  only  one parent has available health insurance benefits, the
  court shall direct in the order of  support  that  such  parent  provide
  health insurance benefits.
    (ii)  If  both  parents  have  available health insurance benefits the
  court shall direct in the order of support that either  parent  or  both
  parents  provide  such  health  insurance.  The  court  shall  make such
  determination based on the circumstances of the case, including, but not
  limited to, the cost and  comprehensiveness  of  the  respective  health
  insurance benefits and the best interests of the child.
    (iii)  If  neither parent has available health insurance benefits, the
  court shall direct in the order of support  that  the  custodial  parent
  apply  for  the  state's  child  health insurance plan pursuant to title
  one-A of article twenty-five of the public health law  and  the  medical
  assistance  program established pursuant to title eleven of article five
  of the social services law. If eligible for  such  coverage,  the  court
  shall  prorate  the  cost  of  any  premium  or  family  contribution in
  accordance with paragraph (d) of this subdivision.  A  direction  issued
  under  this  subdivision  shall  not  limit  or  alter  either  parent's
  obligation to obtain health insurance benefits  at  such  time  as  they
  become  available,  as  required  pursuant  to  paragraph  (a)  of  this
  subdivision.
    (d) The cost  of  providing  health  insurance  benefits  pursuant  to
  paragraph  (c) of this subdivision shall be prorated between the parties
  in the same proportion as  each  parent's  income  is  to  the  combined
  parental  income.  If  the  custodial  parent is ordered to provide such
  benefits, the non-custodial parent's pro rata share of such costs  shall
  be added to the basic support obligation. If the non-custodial parent is
  ordered  to provide such benefits, the custodial parent's pro rata share
  of such costs shall be deducted from the basic support obligation. Where
  the court finds that such proration  is  unjust  or  inappropriate,  the
  court shall:
    (1)  order  the  parties  to  pay  such  amount  of the cost of health
  insurance benefits as the court finds just and appropriate;
    (2) add or subtract such amount  in  the  manner  set  forth  in  this
  subdivision; and
    (3)  set  forth  in the order the factors it considered, the amount of
  each party's share of the cost and the reason or reasons the  court  did
  not order such pro rata apportionment.
    (e)  If  the  court  receives  no  specific  written objections to the
  support order within thirty-five days of the  mailing  of  the  proposed
  order  the  clerk of the court shall immediately enter the order without
  further review, modification, or other prior action by the court or  any
  judge  or  support  magistrate  thereof, and the clerk shall immediately
  transmit copies of the order of  support  to  the  parties  and  to  the
  support collection unit.
    (f)  Where  the  court  determines  that health insurance benefits are
  available, the court shall provide in the  order  of  support  that  the
  legally  responsible relative immediately enroll the eligible dependents
  named in the order who are otherwise eligible for such benefits  without
  regard to any seasonal enrollment restrictions. Such order shall further
  direct  the  legally  responsible  relative to maintain such benefits as
  long as they remain available to such relative. Such order shall further
  direct  the  legally  responsible  relative  to  assign  all   insurance
  reimbursement  payments for health care expenses incurred for his or her
  eligible dependents to the  provider  of  such  services  or  the  party
  actually having incurred and satisfied such expenses, as appropriate.
    (g)  When the court issues an order of child support or combined child
  and spousal support on behalf of persons in receipt of public assistance
  and care or in receipt of  services  pursuant  to  section  one  hundred
  eleven-g  of  the  social  services law, such order shall further direct
  that the provision of health care benefits shall be immediately enforced
  pursuant to section fifty-two hundred forty-one of  the  civil  practice
  law and rules.
    (h)  When the court issues an order of child support or combined child
  and spousal support on behalf of persons other than those in receipt  of
  public assistance and care or in receipt of services pursuant to section
  one  hundred  eleven-g  of the social services law, the court shall also
  issue a separate order which shall include the  necessary  direction  to
  ensure the order's characterization as a qualified medical child support
  order  as defined by section six hundred nine of the employee retirement
  income security act of 1974 (29 USC 1169). Such order shall: (i) clearly
  state that it creates or recognizes the existence of the  right  of  the
  named  dependent  to  be  enrolled and to receive benefits for which the
  legally  responsible  relative  is  eligible  under  the available group
  health plans, and shall clearly specify the name, social security number
  and mailing address of the legally responsible  relative,  and  of  each
  dependent  to  be covered by the order; (ii) provide a clear description
  of the type of coverage to be provided by the group health plan to  each
  such  dependent  or  the  manner  in which the type of coverage is to be
  determined; and (iii) specify the period of  time  to  which  the  order
  applies.  The  court  shall not require the group health plan to provide
  any type or form of benefit or option not otherwise provided  under  the
  group   health   plan  except  to  the  extent  necessary  to  meet  the
  requirements of a law relating to medical  child  support  described  in
  section  one  thousand three hundred and ninety-six g of title forty-two
  of the United States code.
    (i) Upon a finding that a legally responsible relative wilfully failed
  to obtain health insurance benefits in violation of a court order,  such
  relative  will  be  presumptively  liable  for  all health care expenses
  incurred  on  behalf  of  such  dependents  from  the  first  date  such
  dependents  were  eligible  to  be  enrolled to receive health insurance
  benefits after the issuance  of  the  order  of  support  directing  the
  acquisition of such coverage.
    (j)  The  order  shall  be effective as of the date of the application
  therefor, and any retroactive amount  of  child  support  due  shall  be
  support  arrears/past  due  support  and  shall,  except as provided for
  herein, be paid in one lump sum or periodic sums,  as  the  court  shall
  direct,  taking  into  account any amount of temporary support which has
  been  paid.  In  addition,  such  retroactive  child  support  shall  be
  enforceable in any manner provided by law including, but not limited to,
  an  execution  for  support  enforcement  pursuant to subdivision (b) of
  section fifty-two hundred forty-one of the civil practice law and rules.
  When a child receiving support is a public assistance recipient, or  the
  order  of  support  is  being  enforced or is to be enforced pursuant to
  section one hundred eleven-g of the social services law, the court shall
  establish the amount of retroactive child support and notify the parties
  that such amount shall  be  enforced  by  the  support  collection  unit
  pursuant  to  an  execution  for  support enforcement as provided for in
  subdivision (b) of section fifty-two  hundred  forty-one  of  the  civil
  practice  law and rules, or in such periodic payments as would have been
  authorized had such an execution been issued. In such case,  the  courts
  shall not direct the schedule of repayment of retroactive support. Where
  such  direction  is for child support and paternity has been established
  by a voluntary  acknowledgement  of  paternity  as  defined  in  section
  forty-one  hundred  thirty-five-b  of  the  public health law, the court
  shall inquire of the parties whether the acknowledgement has  been  duly
  filed,  and unless satisfied that it has been so filed shall require the
  clerk of the court to file such  acknowledgement  with  the  appropriate
  registrar  within  five business days. Such direction may be made in the
  final judgment in such action or proceeding, or by one  or  more  orders
  from  time  to  time  before or subsequent to final judgment, or by both
  such order or orders and the final judgment. Such direction may be  made
  notwithstanding  that  the  court  for any reason whatsoever, other than
  lack of jurisdiction, refuses to  grant  the  relief  requested  in  the
  action  or  proceeding.  Any  order  or judgment made as in this section
  provided may combine in one lump sum any amount payable to the custodial
  parent under this section with any amount payable to such  parent  under
  section  two hundred thirty-six of this article. Upon the application of
  either parent, or of any other person or party having the care,  custody
  and control of such child pursuant to such judgment or order, after such
  notice  to the other party, parties or persons having such care, custody
  and  control  and  given  in  such manner as the court shall direct, the
  court may annul or modify any such direction, whether made by  order  or
  final judgment, or in case no such direction shall have been made in the
  final  judgment  may,  with  respect  to  any  judgment  of annulment or
  declaring the nullity of a void marriage rendered on or after  September
  first,  nineteen hundred forty, or any judgment of separation or divorce
  whenever rendered, amend  the  judgment  by  inserting  such  direction.
  Subject  to  the  provisions  of  section two hundred forty-four of this
  article, no such modification or annulment shall reduce or annul arrears
  accrued prior to the making of such application  unless  the  defaulting
  party  shows  good cause for failure to make application for relief from
  the judgment or order directing such payment prior  to  the  accrual  of
  such arrears. Such modification may increase such child support nunc pro
  tunc  as  of the date of application based on newly discovered evidence.
  Any  retroactive  amount  of  child  support  due   shall   be   support
  arrears/past  due  support and shall be paid in one lump sum or periodic
  sums, as the court shall direct,  taking  into  account  any  amount  of
  temporary   child  support  which  has  been  paid.  In  addition,  such
  retroactive child support shall be enforceable in any manner provided by
  law including, but not limited to, an execution for support  enforcement
  pursuant  to  subdivision  (b) of section fifty-two hundred forty-one of
  the civil practice law and rules.
    1-a. In any proceeding brought pursuant to this section  to  determine
  the  custody  or  visitation  of  minors, a report made to the statewide
  central register of child abuse and maltreatment, pursuant to title  six
  of  article  six of the social services law, or a portion thereof, which
  is otherwise admissible as a business record pursuant to rule forty-five
  hundred eighteen of the civil  practice  law  and  rules  shall  not  be
  admissible   in   evidence,   notwithstanding   such   rule,  unless  an
  investigation of such report conducted pursuant to title six of  article
  six  of  the  social  services  law  has  determined  that there is some
  credible evidence of the alleged abuse  or  maltreatment  and  that  the
  subject of the report has been notified that the report is indicated. In
  addition,  if such report has been reviewed by the state commissioner of
  social services or his designee and has been determined to be unfounded,
  it shall not be admissible in evidence.  If  such  report  has  been  so
  reviewed  and  has been amended to delete any finding, each such deleted
  finding shall not be admissible. If the  state  commissioner  of  social
  services  or his designee has amended the report to add any new finding,
  each such new finding, together with any portion of the original  report
  not  deleted by the commissioner or his designee, shall be admissible if
  it meets the other requirements of this  subdivision  and  is  otherwise
  admissible  as  a business record. If such a report, or portion thereof,
  is admissible in  evidence  but  is  uncorroborated,  it  shall  not  be
  sufficient  to  make  a  fact  finding  of abuse or maltreatment in such
  proceeding. Any other evidence tending to  support  the  reliability  of
  such report shall be sufficient corroboration.
    1-b.  (a) The court shall make its award for child support pursuant to
  the provisions of this subdivision. The court may vary from  the  amount
  of  the  basic child support obligation determined pursuant to paragraph
  (c) of this subdivision only in accordance with paragraph  (f)  of  this
  subdivision.
    (b)  For purposes of this subdivision, the following definitions shall
  be used:
    (1) "Basic child support obligation" shall mean  the  sum  derived  by
  adding  the  amounts  determined by the application of subparagraphs two
  and three of paragraph (c)  of  this  subdivision  except  as  increased
  pursuant to subparagraphs four, five, six and seven of such paragraph.
    (2)  "Child  support"  shall  mean  a sum to be paid pursuant to court
  order or decree by either  or  both  parents  or  pursuant  to  a  valid
  agreement between the parties for care, maintenance and education of any
  unemancipated child under the age of twenty-one years.
    (3) "Child support percentage" shall mean:
    (i) seventeen percent of the combined parental income for one child;
    (ii)  twenty-five  percent  of  the  combined  parental income for two
  children;
    (iii) twenty-nine percent of the combined parental  income  for  three
  children;
    (iv)  thirty-one  percent  of  the  combined  parental income for four
  children; and
    (v) no less than thirty-five percent of the combined  parental  income
  for five or more children.
    (4)  "Combined  parental  income"  shall mean the sum of the income of
  both parents.
    (5) "Income" shall mean, but shall not be limited to, the sum  of  the
  amounts determined by the application of clauses (i), (ii), (iii), (iv),
  (v)  and  (vi)  of this subparagraph reduced by the amount determined by
  the application of clause (vii) of this subparagraph:
    (i) gross (total) income as should have been or should be reported  in
  the  most  recent  federal  income  tax  return.  If an individual files
  his/her federal income tax return as a married  person  filing  jointly,
  such  person shall be required to prepare a form, sworn to under penalty
  of law, disclosing his/her gross income individually;
    (ii) to the extent not already included in gross income in clause  (i)
  of  this  subparagraph,  investment  income  reduced by sums expended in
  connection with such investment;
    (iii) to the extent not already included in gross  income  in  clauses
  (i)  and (ii) of this subparagraph, the amount of income or compensation
  voluntarily deferred and income received, if  any,  from  the  following
  sources:
    (A) workers' compensation,
    (B) disability benefits,
    (C) unemployment insurance benefits,
    (D) social security benefits,
    (E) veterans benefits,
    (F) pensions and retirement benefits,
    (G) fellowships and stipends, and
    (H) annuity payments;
    (iv) at the discretion of the court, the court may attribute or impute
  income  from,  such  other  resources as may be available to the parent,
  including, but not limited to:
    (A) non-income producing assets,
    (B) meals, lodging, memberships, automobiles or other perquisites that
  are provided as part of compensation for employment to the  extent  that
  such  perquisites  constitute  expenditures  for  personal use, or which
  expenditures directly or indirecly confer personal economic benefits,
    (C) fringe benefits provided as part of compensation  for  employment,
  and
    (D) money, goods, or services provided by relatives and friends;
    (v)  an  amount  imputed  as  income  based  upon  the parent's former
  resources or income, if the court determines that a parent  has  reduced
  resources  or income in order to reduce or avoid the parent's obligation
  for child support;
    (vi) to the extent not already included in gross income in clauses (i)
  and  (ii) of this subparagraph, the following self-employment deductions
  attributable to self-employment carried on by the taxpayer:
    (A) any depreciation deduction greater than depreciation calculated on
  a straight-line basis for the purpose of determining business income  or
  investment credits, and
    (B)  entertainment and travel allowances deducted from business income
  to the extent said allowances reduce personal expenditures;
    (vii) the following shall be deducted from income  prior  to  applying
  the provisions of paragraph (c) of this subdivision:
    (A)  unreimbursed employee business expenses except to the extent said
  expenses reduce personal expenditures,
    (B) alimony or maintenance actually paid to a spouse not  a  party  to
  the  instant  action pursuant to court order or validly executed written
  agreement,
    (C) alimony or maintenance actually paid or to be  paid  to  a  spouse
  that  is  a  party  to  the instant action pursuant to an existing court
  order or contained in the order to be entered by the court, or  pursuant
  to a validly executed written agreement, provided the order or agreement
  provides for a specific adjustment, in accordance with this subdivision,
  in  the  amount of child support payable upon the termination of alimony
  or maintenance to such spouse,
    (D) child support actually paid pursuant to  court  order  or  written
  agreement on behalf of any child for whom the parent has a legal duty of
  support and who is not subject to the instant action,
    (E) public assistance,
    (F) supplemental security income,
    (G)  New  York city or Yonkers income or earnings taxes actually paid,
  and
    (H) federal insurance contributions act (FICA) taxes actually paid.
    (6) "Self-support reserve" shall mean one hundred thirty-five  percent
  of  the poverty income guidelines amount for a single person as reported
  by the federal department of health and human services. For the calendar
  year nineteen hundred eighty-nine, the  self-support  reserve  shall  be
  eight  thousand  sixty-five  dollars.  On  March first of each year, the
  self-support reserve shall be revised to reflect the annual updating  of
  the  poverty  income guidelines as reported by the federal department of
  health and human services for a single person household.
    (c) The  amount  of  the  basic  child  support  obligation  shall  be
  determined in accordance with the provision of this paragraph:
    (1) The court shall determine the combined parental income.
    (2) The court shall multiply the combined parental income up to eighty
  thousand  dollars  by  the appropriate child support percentage and such
  amount shall be prorated in the same proportion as each parent's  income
  is to the combined parental income.
    (3)  Where  the combined parental income exceeds the dollar amount set
  forth in subparagraph two of this paragraph, the court  shall  determine
  the  amount  of  child  support  for the amount of the combined parental
  income in excess of such dollar  amount  through  consideration  of  the
  factors  set forth in paragraph (f) of this subdivision and/or the child
  support percentage.
    (4) Where the custodial parent is working, or receiving elementary  or
  secondary  education,  or  higher education or vocational training which
  the court determines will lead to  employment,  and  incurs  child  care
  expenses as a result thereof, the court shall determine reasonable child
  care  expenses  and  such  child care expenses, where incurred, shall be
  prorated in the same proportion  as  each  parent's  income  is  to  the
  combined parental income. Each parent's pro rata share of the child care
  expenses   shall   be   separately  stated  and  added  to  the  sum  of
  subparagraphs two and three of this paragraph.
    (5)  The  court shall prorate each parent's share of future reasonable
  health care expenses of the child not covered by insurance in  the  same
  proportion  as  each parent's income is to the combined parental income.
  The non-custodial parent's pro rata share of such health  care  expenses
  shall  be  paid  in  a  manner determined by the court, including direct
  payment to the health care provider.
    (6) Where the court determines that the custodial  parent  is  seeking
  work  and  incurs child care expenses as a result thereof, the court may
  determine reasonable child care expenses  and  may  apportion  the  same
  between  the  custodial  and  non-custodial  parent.  The  non-custodial
  parent's share of such expenses shall be separately stated and paid in a
  manner determined by the court.
    (7) Where the court determines, having regard for the circumstances of
  the case and of the respective parties and in the best interests of  the
  child,  and as justice requires, that the present or future provision of
  post-secondary, private, special, or enriched education for the child is
  appropriate, the court may award educational expenses. The non-custodial
  parent  shall  pay  educational  expenses,  as  awarded,  in  a   manner
  determined  by  the  court,  including direct payment to the educational
  provider.
    (d)  Notwithstanding  the  provisions  of  paragraph   (c)   of   this
  subdivision,  where  the  annual  amount  of  the  basic  child  support
  obligation would reduce the  non-custodial  parent's  income  below  the
  poverty  income guidelines amount for a single person as reported by the
  federal department of health and human services, the basic child support
  obligation shall be twenty-five dollars  per  month  or  the  difference
  between  the non-custodial parent's income and the self-support reserve,
  whichever is greater. Notwithstanding the provisions of paragraph (c) of
  this subdivision, where the annual amount of  the  basic  child  support
  obligation  would  reduce  the  non-custodial  parent's income below the
  self-support reserve but not below the poverty income guidelines  amount
  for  a single person as reported by the federal department of health and
  human services, the  basic  child  support  obligation  shall  be  fifty
  dollars  per  month or the difference between the non-custodial parent's
  income and the self-support reserve, whichever is greater.
    (e) Where a parent is or may  be  entitled  to  receive  non-recurring
  payments  from  extraordinary sources not otherwise considered as income
  pursuant to this section, including but not limited to:
    (1) Life insurance policies;
    (2) Discharges of indebtedness;
    (3) Recovery of bad debts and delinquency amounts;
    (4) Gifts and inheritances; and
    (5) Lottery winnings,
  the court, in accordance with  paragraphs  (c),  (d)  and  (f)  of  this
  subdivision  may allocate a proportion of the same to child support, and
  such amount shall be paid in a manner determined by the court.
    (f) The court shall calculate the basic child support obligation,  and
  the  non-custodial  parent's  pro  rata share of the basic child support
  obligation. Unless the court  finds  that  the  non-custodial  parents's
  pro-rata  share  of  the  basic  child  support  obligation is unjust or
  inappropriate, which finding shall be based upon  consideration  of  the
  following factors:
    (1) The financial resources of the custodial and non-custodial parent,
  and those of the child;
    (2) The physical and emotional health of the child and his/her special
  needs and aptitudes;
    (3)  The  standard  of  living  the  child  would have enjoyed had the
  marriage or household not been dissolved;
    (4) The tax consequences to the parties;
    (5) The non-monetary contributions that the parents will  make  toward
  the care and well-being of the child;
    (6) The educational needs of either parent;
    (7)   A   determination  that  the  gross  income  of  one  parent  is
  substantially less than the other parent's gross income;
    (8) The needs of the children of the non-custodial parent for whom the
  non-custodial parent is providing support who are  not  subject  to  the
  instant  action  and  whose  support  has  not been deducted from income
  pursuant to subclause (D)  of  clause  (vii)  of  subparagraph  five  of
  paragraph  (b)  of  this subdivision, and the financial resources of any
  person obligated to support such children, provided, however, that  this
  factor  may  apply  only  if  the  resources  available  to support such
  children are less than the resources available to support  the  children
  who are subject to the instant action;
    (9)   Provided  that  the  child  is  not  on  public  assistance  (i)
  extraordinary  expenses  incurred  by  the   non-custodial   parent   in
  exercising  visitation,  or  (ii) expenses incurred by the non-custodial
  parent in extended  visitation  provided  that  the  custodial  parent's
  expenses are substantially reduced as a result thereof; and
    (10) Any other factors the court determines are relevant in each case,
  the  court  shall  order  the non-custodial parent to pay his or her pro
  rata share of the basic child support  obligation,  and  may  order  the
  non-custodial  parent to pay an amount pursuant to paragraph (e) of this
  subdivision.
    (g) Where the court finds that the  non-custodial  parent's  pro  rata
  share  of the basic child support obligation is unjust or inappropriate,
  the court shall order the non-custodial parent to  pay  such  amount  of
  child  support  as  the  court finds just and appropriate, and the court
  shall set forth, in a written order,  the  factors  it  considered;  the
  amount  of  each  party's  pro  rata  share  of  the basic child support
  obligation; and the reasons that the court did not order the basic child
  support obligation.   Such written order may not  be  waived  by  either
  party  or  counsel;  provided,  however,  and  notwithstanding any other
  provision of law, the  court  shall  not  find  that  the  non-custodial
  parent's pro rata share of such obligation is unjust or inappropriate on
  the  basis  that  such  share exceeds the portion of a public assistance
  grant which is attributable to a child or children. In no instance shall
  the court order child support below twenty-five dollars per month. Where
  the non-custodial parent's income is less than or equal to  the  poverty
  income  guidelines amount for a single person as reported by the federal
  department of health and human services, unpaid child support arrears in
  excess of five hundred dollars shall not accrue.
    (h) A validly executed agreement or  stipulation  voluntarily  entered
  into  between  the  parties after the effective date of this subdivision
  presented to the court for incorporation in an order or  judgment  shall
  include  a  provision  stating that the parties have been advised of the
  provisions of  this  subdivision,  and  that  the  basic  child  support
  obligation  provided  for  therein  would  presumptively  result  in the
  correct amount of child support to be awarded. In the  event  that  such
  agreement   or   stipulation  deviates  from  the  basic  child  support
  obligation, the agreement or stipulation must specify  the  amount  that
  such  basic  child  support obligation would have been and the reason or
  reasons that such agreement or stipulation does not provide for  payment
  of  that  amount.  Such  provision  may not be waived by either party or
  counsel. Nothing contained in this subdivision  shall  be  construed  to
  alter  the  rights  of  the  parties  to  voluntarily enter into validly
  executed  agreements  or stipulations which deviate from the basic child
  support obligation provided such agreements or stipulations comply  with
  the  provisions  of  this  paragraph.  The  court shall, however, retain
  discretion with respect to child support pursuant to this  section.  Any
  court  order  or  judgment incorporating a validly executed agreement or
  stipulation which deviates from the basic child support obligation shall
  set forth the court's reasons for such deviation.
    (i) Where either or both parties are unrepresented,  the  court  shall
  not  enter an order or judgment other than a temporary order pursuant to
  section two hundred  thirty-seven  of  this  article,  that  includes  a
  provision  for  child  support unless the unrepresented party or parties
  have received a copy of the child support standards chart promulgated by
  the commissioner of social  services  pursuant  to  subdivision  two  of
  section  one  hundred  eleven-i of the social services law. Where either
  party is in receipt of child support enforcement  services  through  the
  local social services district, the local social services district child
  support  enforcement  unit shall advise such party of the amount derived
  from application of the child support percentage and  that  such  amount
  serves  as  a  starting point for the determination of the child support
  award, and shall provide such party with a copy  of  the  child  support
  standards  chart.  In  no instance shall the court approve any voluntary
  support agreement or  compromise  that  includes  an  amount  for  child
  support less than twenty-five dollars per month.
    (j)  In  addition  to  financial  disclosure  required  in section two
  hundred thirty-six of this article,  the  court  may  require  that  the
  income  and/or  expenses  of either party be verified with documentation
  including, but not limited to, past  and  present  income  tax  returns,
  employer  statements,  pay  stubs,  corporate,  business, or partnership
  books and records, corporate and business tax returns, and receipts  for
  expenses  or  such  other  means of verification as the court determines
  appropriate.  Nothing herein shall affect any party's  right  to  pursue
  discovery pursuant to this chapter, the civil practice law and rules, or
  the family court act.
    (k) When a party has defaulted and/or the court is otherwise presented
  with  insufficient  evidence  to determine gross income, the court shall
  order child support based upon the needs or standard of  living  of  the
  child,  whichever  is  greater. Such order may be retroactively modified
  upward, without a showing of change in circumstances.
    (l) In any action or proceeding for modification of an order of  child
  support  existing prior to the effective date of this paragraph, brought
  pursuant to this article, the child support standards set forth in  this
  subdivision  shall  not  constitute a change of circumstances warranting
  modification of such support order; provided, however,  that  (1)  where
  the  circumstances  warrant modification of such order, or (2) where any
  party objects to an adjusted child support order made or proposed at the
  direction of the support collection unit pursuant to section one hundred
  eleven-h or one hundred eleven-n of the social  services  law,  and  the
  court  is  reviewing  the current order of child support, such standards
  shall be applied by the court in its determination with  regard  to  the
  request  for modification, or disposition of an objection to an adjusted
  child support order made or proposed by a support  collection  unit.  In
  applying  such  standards, when the order to be modified incorporates by
  reference or merges with a  validly  executed  separation  agreement  or
  stipulation  of  settlement,  the court may consider, in addition to the
  factors set forth in paragraph (f) of this subdivision,  the  provisions
  of  such  agreement  or  stipulation  concerning  property distribution,
  distributive award and/or maintenance in determining whether the  amount
  calculated by using the standards would be unjust or inappropriate.
    1-c.    (a) Notwithstanding any other provision of this chapter to the
  contrary, no court shall make  an  order  providing  for  visitation  or
  custody  to  a  person  who has been convicted of murder in the first or
  second degree in this state, or  convicted  of  an  offense  in  another
  jurisdiction  which, if committed in this state, would constitute either
  murder in the first or second degree,  of  a  parent,  legal  custodian,
  legal  guardian, sibling , half-sibling or step-sibling of any child who
  is the subject of the proceeding. Pending determination  of  a  petition
  for  visitation  or  custody,  such  child shall not visit and no person
  shall visit with such child present, such person who has been  convicted
  of  murder  in the first or second degree in this state, or convicted of
  and offense in another jurisdiction which, if committed in  this  state,
  would  constitute  either  murder  in  the  first or second degree, of a
  parent,  legal  custodian,  legal  guardian,  sibling,  half-sibling  or
  step-sibling of a child who is the subject of the proceeding without the
  consent of such child's custodian or legal guardian.
    (b)  Notwithstanding  paragraph  (a)  of  this subdivision a court may
  order visitation or custody where:
    (i) (A) such child is of suitable age to signify assent and such child
  assents to such visitation or custody; or
    (B) if such child is not  of  suitable  age  to  signify  assent,  the
  child's custodian or legal guardian assents to such order; or
    (C) the person who has been convicted of murder in the first or second
  degree, or an offense in another jurisdiction which if committed in this
  state, would constitute either murder in the first or second degree, can
  prove by a preponderance of the evidence that:
    (1)  he or she, or a family or household member of either party, was a
  victim of domestic violence by the victim of such murder; and
    (2) the domestic violence was causally related to  the  commission  of
  such murder; and
    (ii)  the  court  finds that such visitation or custody is in the best
  interests of the child.
    (c) For the purpose of making a determination pursuant to  clause  (C)
  of  subparagraph  (i)  of  paragraph  (b) of this subdivision, the court
  shall not be bound by the  findings  of  fact,  conclusions  of  law  or
  ultimate  conclusion  as  determined  by  the proceedings leading to the
  conviction of murder in the first or second degree in this state  or  of
  an  offense  in  another jurisdiction which, if committed in this state,
  would constitute murder in either the  first  or  second  degree,  of  a
  parent,  legal  guardian,  legal  custodian,  sibling,  half-sibling  or
  step-sibling of a child who is the subject of  the  proceeding.  In  all
  proceedings  under  this  section, a law guardian shall be appointed for
  the child.
    2. (a) An order directing payment of money for child support shall  be
  enforceable pursuant to section fifty-two hundred forty-one or fifty-two
  hundred  forty-two  of  the civil practice law and rules or in any other
  manner provided by law. Such orders or judgments for child  support  and
  maintenance  shall  also be enforceable pursuant to article fifty-two of
  the civil practice law and rules upon a debtor's default as such term is
  defined in paragraph seven  of  subdivision  (a)  of  section  fifty-two
  hundred forty-one of the civil practice law and rules. The establishment
  of  a  default  shall  be  subject to the procedures established for the
  determination of a mistake of fact for  income  executions  pursuant  to
  subdivision  (e)  of  section  fifty-two  hundred forty-one of the civil
  practice law and rules. For the purposes of enforcement of child support
  orders or combined spousal and child support orders pursuant to  section
  five thousand two hundred forty-one of the civil practice law and rules,
  a  "default" shall be deemed to include amounts arising from retroactive
  support.
    b.  (1)  When  a  child  receiving  support  is  a  public  assistance
  recipient, or the order of  support  is  being  enforced  or  is  to  be
  enforced pursuant to section one hundred eleven-g of the social services
  law,  the  court shall direct that the child support payments be made to
  the support collection unit. Unless (i) the court finds and  sets  forth
  in writing the reasons that there is good cause not to require immediate
  income  withholding;  or (ii) when the child is not in receipt of public
  assistance, a written agreement providing for an alternative arrangement
  has been reached between the parties, the support collection unit  shall
  issue  an  income  execution  immediately  for child support or combined
  maintenance and child support, and may issue an  execution  for  medical
  support  enforcement  in  accordance with the provisions of the order of
  support. Such written agreement may include an oral stipulation made  on
  the record resulting in a written order. For purposes of this paragraph,
  good  cause shall mean substantial harm to the debtor. The absence of an
  arrearage or  the  mere  issuance  of  an  income  execution  shall  not
  constitute  good  cause.  When  an  immediate  income  execution  or  an
  execution for medical support  enforcement  is  issued  by  the  support
  collection  unit,  such  income  execution  shall  be issued pursuant to
  section five thousand two hundred forty-one of the  civil  practice  law
  and  rules,  except  that  the provisions thereof relating to mistake of
  fact, default and any other provisions which are  not  relevant  to  the
  issuance  of  an  income  execution pursuant to this paragraph shall not
  apply; provided, however, that if the support collection unit  makes  an
  error in the issuance of an income execution pursuant to this paragraph,
  and such error is to the detriment of the debtor, the support collection
  unit  shall have thirty days after notification by the debtor to correct
  the error. Where permitted under federal law and where the record of the
  proceedings contains such information, such order shall include  on  its
  face  the  social  security  number  and  the  name  and  address of the
  employer, if any, of  the  person  chargeable  with  support;  provided,
  however,  that  failure  to  comply  with  this  requirement  shall  not
  invalidate such order. When the court  determines  that  there  is  good
  cause  not  to immediately issue an income execution or when the parties
  agree to an alternative arrangement as provided in this  paragraph,  the
  court  shall  provide expressly in the order of support that the support
  collection  unit  shall  not  issue  an  immediate   income   execution.
  Notwithstanding  any such order, the support collection unit shall issue
  an income execution for support enforcement when the debtor defaults  on
  the  support obligation, as defined in section five thousand two hundred
  forty-one of the civil practice law and rules.
    (2) When the court issues an order of child support or combined  child
  and  spousal support on behalf of persons other than those in receipt of
  public assistance or in receipt of  services  pursuant  to  section  one
  hundred  eleven-g  of  the social services law, the court shall issue an
  income deduction order pursuant  to  subdivision  (c)  of  section  five
  thousand  two  hundred  forty-two of the civil practice law and rules at
  the same time it issues the order of support. The court shall enter  the
  income  deduction order unless the court finds and sets forth in writing
  (i) the reasons that there is good cause not to require immediate income
  withholding; or (ii) that an  agreement  providing  for  an  alternative
  arrangement  has  been  reached  between the parties. Such agreement may
  include a written agreement or an oral stipulation, made on the  record,
  that  results  in  a written order. For purposes of this paragraph, good
  cause shall mean substantial harm to  the  debtor.  The  absence  of  an
  arrearage  or  the  mere issuance of an income deduction order shall not
  constitute good cause. Where permitted under federal law and  where  the
  record  of  the  proceedings contains such information, such order shall
  include on its face the social security number and the name and  address
  of  the  employer,  if  any,  of  the  person  chargeable  with support;
  provided, however, that failure to comply with  this  requirement  shall
  not  invalidate  the order. When the court determines that there is good
  cause not to issue an income deduction order  immediately  or  when  the
  parties  agree  to  an  alternative  arrangement  as  provided  in  this
  paragraph, the court shall provide expressly in the order of support the
  basis for its decision and shall not issue an income deduction order.
    c.  Any order of support issued on behalf of a  child  in  receipt  of
  family  assistance  or  child  support  enforcement services pursuant to
  section one hundred eleven-g of the social services law shall be subject
  to review and adjustment by the  support  collection  unit  pursuant  to
  section one hundred eleven-n of the social services law. Such review and
  adjustment  shall  be  in addition to any other activities undertaken by
  the support collection unit relating to the establishment, modification,
  and enforcement of support orders payable to such unit.
    3. Order of protection. a. The court may make an order  of  protection
  in  assistance  or  as  a  condition  of any other order made under this
  section.  The order of protection may set forth reasonable conditions of
  behavior to be observed for a specified time by any party. Such an order
  may require any party:
    (1) to  stay  away  from  the  home,  school,  business  or  place  of
  employment  of  the  child, other parent or any other party, and to stay
  away from any other specific location designated by the court;
    (2) to permit a parent, or a person entitled to visitation by a  court
  order or a separation agreement, to visit the child at stated periods;
    (3)  to  refrain  from  committing  a  family  offense,  as defined in
  subdivision one of section 530.11 of the criminal procedure law, or  any
  criminal  offense  against  the  child  or  against  the other parent or
  against any person to whom custody of  the  child  is  awarded  or  from
  harassing, intimidating or threatening such persons;
    (4)  to  permit  a  designated  party  to enter the residence during a
  specified period of time in order to remove personal belongings  not  in
  issue  in  a proceeding or action under this chapter or the family court
  act; or
    (5) to refrain from acts of commission  or  omission  that  create  an
  unreasonable risk to the health, safety or welfare of a child.
    (6)  to  pay the reasonable counsel fees and disbursements involved in
  obtaining or enforcing the order of the person who is protected by  such
  order if such order is issued or enforced.
    (7)  to  observe such other conditions as are necessary to further the
  purposes of protection.
    b. An order of protection entered pursuant to this  subdivision  shall
  bear  in  a  conspicuous  manner,  on  the front page of said order, the
  language "Order of protection issued pursuant  to  section  two  hundred
  forty of the domestic relations law". The absence of such language shall
  not  affect  the  validity  of such order. The presentation of a copy of
  such an order to any peace officer acting pursuant to his or her special
  duties, or police officer, shall constitute authority, for that  officer
  to  arrest  a  person when that person has violated the terms of such an
  order, and bring such person before the court and, otherwise, so far  as
  lies  within the officer's power, to aid in securing the protection such
  order was intended to afford.
    c. An order of protection entered pursuant to this subdivision may  be
  made  in the final judgment in any matrimonial action or in a proceeding
  to obtain custody of or visitation with any child under this section, or
  by one or more orders from time to time before or  subsequent  to  final
  judgment,  or  by  both such order or orders and the final judgment. The
  order of protection  may  remain  in  effect  after  entry  of  a  final
  matrimonial  judgment and during the minority of any child whose custody
  or visitation is the subject of a provision of a final judgment  or  any
  order.  An  order  of protection may be entered notwithstanding that the
  court for any  reason  whatsoever,  other  than  lack  of  jurisdiction,
  refuses to grant the relief requested in the action or proceeding.
    d.  The chief administrator of the courts shall promulgate appropriate
  uniform temporary orders of protection and orders of  protection  forms,
  applicable  to proceedings under this article, to be used throughout the
  state. Such forms shall be promulgated and  developed  in  a  manner  to
  ensure  the  compatibility of such forms with the statewide computerized
  registry established pursuant to section two hundred twenty-one-a of the
  executive law.
    e. No order of protection may direct any party to  observe  conditions
  of behavior unless: (i) the party requesting the order of protection has
  served  and filed an action, proceeding, counter-claim or written motion
  and, (ii) the court has made a finding on the record that such party  is
  entitled  to issuance of the order of protection which may result from a
  judicial finding of fact, judicial acceptance of  an  admission  by  the
  party  against  whom  the  order was issued or judicial finding that the
  party against whom the order is issued has  given  knowing,  intelligent
  and   voluntary   consent  to  its  issuance.  The  provisions  of  this
  subdivision shall not preclude the court from issuing a temporary  order
  of  protection  upon  the  court's own motion or where a motion for such
  relief is made to the court, for good cause shown.
    Any party moving for a temporary order of protection pursuant to  this
  subdivision  during  hours  when  the court is open shall be entitled to
  file such motion or pleading containing such prayer for emergency relief
  on the same day that such person first appears  at  such  court,  and  a
  hearing  on  the  motion  or  portion  of  the  pleading requesting such
  emergency relief shall be held on the same day or the next day that  the
  court is in session following the filing of such motion or pleading.
    Upon  issuance  of  an  order  of  protection  or  temporary  order of
  protection or upon a violation of such order,  the  court  may  make  an
  order in accordance with section eight hundred forty-two-a of the family
  court  act directing the surrender of firearms, revoking or suspending a
  party's firearms license, and/or directing that such party be ineligible
  to receive a firearms license. Upon issuance of an order  of  protection
  pursuant  to  this section or upon a finding of a violation thereof, the
  court also may direct payment of restitution in an amount not to  exceed
  ten thousand dollars in accordance with subdivision (e) of section eight
  hundred  forty-one of such act; provided, however, that in no case shall
  an order of restitution be issued where the court  determines  that  the
  party against whom the order would be issued has already compensated the
  injured  party  or  where  such  compensation is incorporated in a final
  judgment or settlement of the action.
    3-a.  Service  of  order  of  protection.  If  a  temporary  order  of
  protection  has  been issued upon a default, unless the party requesting
  the order states on the record that she or he  will  arrange  for  other
  means  for  service  or  deliver  the order to a peace or police officer
  directly for service, the court shall immediately deliver a copy of  the
  temporary order of protection or order of protection to a peace officer,
  acting  pursuant  to  his  or  her  special duties and designated by the
  court, or to a police officer as defined in  paragraph  (b)  or  (d)  of
  subdivision  thirty-four  of section 1.20 of the criminal procedure law,
  or, in the city of New York,  to  a  designated  representative  of  the
  police  department  of the city of New York. Any peace or police officer
  or designated person receiving a temporary order  of  protection  or  an
  order of protection as provided hereunder shall serve or provide for the
  service  thereof  together with any associated papers that may be served
  simultaneously, at  any  address  designated  therewith,  including  the
  summons  and  petition or complaint if not previously served. Service of
  such temporary order of protection or order of protection and associated
  papers shall, insofar as practicable, be achieved promptly.  An  officer
  or  designated  person  obliged  to  perform  service  pursuant  to this
  subdivision, and his or her employer, shall not be  liable  for  damages
  resulting   from  failure  to  achieve  service  where,  having  made  a
  reasonable effort, such officer or designated person is unable to locate
  and serve the temporary order of protection or order  of  protection  at
  any  address  provided  by  the  party requesting the order. A statement
  subscribed by the officer or designated person, and affirmed by  him  or
  her  to  be  true  under  the  penalties  of perjury, stating the papers
  served, the date, time, address or in the event  there  is  no  address,
  place,  and manner of service, the name and a brief physical description
  of the party served, shall be proof of service of the summons,  petition
  and  temporary  order  of  protection  or  order of protection. When the
  temporary order of protection or order of protection and  other  papers,
  if  any,  have  been  served,  such  officer  or designated person shall
  provide the court with  an  affirmation,  certificate  or  affidavit  of
  service  and  shall  provide  notification  of the date and time of such
  service to the  statewide  computer  registry  established  pursuant  to
  section two hundred twenty-one-a of the executive law.
    3-b.  Emergency powers; local criminal court. If the court that issued
  an order of protection or  temporary  order  of  protection  under  this
  section  or  warrant  in  connection  thereto  is not in session when an
  arrest is made for an alleged violation of the order or upon  a  warrant
  issued  in  connection with such violation, the arrested person shall be
  brought before a local criminal court in the county of arrest or in  the
  county  in  which  such  warrant  is  returnable pursuant to article one
  hundred twenty of the criminal  procedure  law  and  arraigned  by  such
  court.  Such  local  criminal  court  shall  order the commitment of the
  arrested person to the custody of the sheriff, admit to, fix  or  accept
  bail,  or release the arrested person on his or her recognizance pending
  appearance in the court that issued the order of  protection,  temporary
  order  of  protection  or  warrant.  In  making  such  order, such local
  criminal court shall consider the bail recommendation, if any,  made  by
  the  supreme  or family court as indicated on the warrant or certificate
  of warrant. Unless the petitioner or complainant requests otherwise, the
  court, in addition to scheduling further criminal proceedings,  if  any,
  regarding  such  alleged  family  offense or violation allegation, shall
  make  such  matter  returnable  in  the  supreme  or  family  court,  as
  applicable, on the next day such court is in session.
    3-c.  Orders  of  protection;  filing  and enforcement of out-of-state
  orders. A valid order of protection or  temporary  order  of  protection
  issued   by   a  court  of  competent  jurisdiction  in  another  state,
  territorial or tribal jurisdiction shall  be  accorded  full  faith  and
  credit and enforced as if it were issued by a court within the state for
  as  long  as  the order remains in effect in the issuing jurisdiction in
  accordance with sections two thousand two  hundred  sixty-five  and  two
  thousand  two  hundred  sixty-six of title eighteen of the United States
  Code.
    a. An order issued by a court of  competent  jurisdiction  in  another
  state, territorial or tribal jurisdiction shall be deemed valid if:
    (1)  the  issuing court had personal jurisdiction over the parties and
  over the subject matter under the law of the issuing jurisdiction;
    (2) the person against whom the order was issued had reasonable notice
  and an opportunity to be heard prior to issuance of the order; provided,
  however, that if the order was a temporary order of protection issued in
  the absence of such person, that notice  had  been  given  and  that  an
  opportunity  to be heard had been provided within a reasonable period of
  time after the issuance of the order; and
    (3) in the case  of  orders  of  protection  or  temporary  orders  of
  protection issued against both a petitioner and respondent, the order or
  portion  thereof  sought to be enforced was supported by: (i) a pleading
  requesting such order,  including,  but  not  limited  to,  a  petition,
  cross-petition  or  counterclaim;  and  (ii) a judicial finding that the
  requesting party is entitled to the issuance of  the  order,  which  may
  result  from  a  judicial  finding  of  fact,  judicial acceptance of an
  admission by the party against whom the order  was  issued  or  judicial
  finding  that  the  party  against  whom  the  order was issued had give
  knowing, intelligent and voluntary consent to its issuance.
    b. Notwithstanding the provisions of article fifty-four of  the  civil
  practice  law  and  rules,  an order of protection or temporary order of
  protection issued by a court of competent jurisdiction in another state,
  territorial or tribal jurisdiction, accompanied  by  a  sworn  affidavit
  that  upon information and belief such order is in effect as written and
  has not been vacated or modified, may be  filed  without  fee  with  the
  clerk  of the court, who shall transmit information regarding such order
  to  the  statewide  registry  of  orders  of  protection  and   warrants
  established   pursuant  to  section  two  hundred  twenty-one-a  of  the
  executive law; provided, however, that such filing  and  registry  entry
  shall not be required for enforcement of the order.
    4.  One-time  adjustment  of  child  support  orders  issued  prior to
  September fifteenth, nineteen hundred eighty-nine. Any party to a  child
  support  order  issued  prior  to  September fifteenth, nineteen hundred
  eighty-nine on the behalf of a child in receipt of public assistance  or
  child  support  services pursuant to section one hundred eleven-g of the
  social services  law  may  request  that  the  support  collection  unit
  undertake  one  review  of the order for adjustment purposes pursuant to
  section one hundred eleven-h of the social services law.  A  hearing  on
  the  adjustment  of  such  order  shall be granted upon the objection of
  either party pursuant to the provisions of this section. An order  shall
  be adjusted if as of the date of the support collection unit's review of
  the  correct  amount  of  child  support  as  calculated pursuant to the
  provisions of this section would deviate by at least  ten  percent  from
  the child support ordered in the current order of support. Additionally,
  a  new  order  shall  be issued upon a showing that the current order of
  support does not provide for the health care needs of the child  through
  insurance  or otherwise. Eligibility of the child for medical assistance
  shall not relieve any obligation the parties otherwise have  to  provide
  for  the  health  care needs of the child. The support collection unit's
  review of a child support order shall be made on notice to  all  parties
  to  the current support order. Nothing herein shall be deemed in any way
  to limit, restrict, expand or impair the rights of any party to file for
  a modification of a child support order as is otherwise provided by law.
    (1) Upon mailing of an adjustment  finding  and  where  appropriate  a
  proposed  order in conformity with such finding filed by either party or
  by the support collection unit, a party shall have thirty-five days from
  the date of mailing to submit to the court identified  thereon  specific
  written objections to such finding and proposed order.
    (a) If specific written objections are submitted by either party or by
  the  support  collection unit, a hearing shall be scheduled by the court
  on notice to the parties and the support collection unit, who then shall
  have the right to be heard by the court and to offer evidence in support
  of or in opposition to adjustment of the support order.
    (b) The party filing the specific written objections  shall  bear  the
  burden of going forward and the burden of proof; provided, however, that
  if  the  support collection unit has failed to provide the documentation
  and information required by subdivision fourteen of section one  hundred
  eleven-h  of  the social services law, the court shall first require the
  support collection unit to furnish such documents and information to the
  parties and the court.
    (c) If the court finds by a preponderance of  the  evidence  that  the
  specific   written   objections   have  been  proven,  the  court  shall
  recalculate or readjust the proposed adjusted order accordingly or,  for
  good  cause,  shall  remand the order to the support collection unit for
  submission of a new proposed adjusted order.  Any  readjusted  order  so
  issued  by the court or resubmitted by the support collection unit after
  a remand by the court shall be effective as of  the  date  the  proposed
  adjusted  order  would  have  been  effective  had  no  specific written
  objections been filed.
    (d) If the court finds that the specific written objections  have  not
  been  proven  by  a  preponderance  of  the  evidence,  the  court shall
  immediately issue  the  adjusted  order  as  submitted  by  the  support
  collection unit, which shall be effective as of the date the order would
  have been effective had no specific written exceptions been filed.
    (e)  If  the  court  receives  no  specific  written objections to the
  support order within thirty-five days of the  mailing  of  the  proposed
  order  the  clerk of the court shall immediately enter the order without
  further review, modification, or other prior action by the court or  any
  judge  or  support  magistrate  thereof, and the clerk shall immediately
  transmit copies of the order of  support  to  the  parties  and  to  the
  support collection unit.
    (2)  A  motion to vacate an order of support adjusted pursuant to this
  section may be made no later than  forty-five  days  after  an  adjusted
  support  order  is  executed  by  the  court  where  no specific written
  objections to the proposed order have been timely received by the court.
  Such motion shall be granted only upon  a  determination  by  the  court
  issuing  such  order  that personal jurisdiction was not timely obtained
  over the moving party.
    * 5. Provision of child support orders to the state case registry. The
  court shall direct that a copy of any child support  or  combined  child
  and  spousal support order issued by the court on or after the first day
  of October, nineteen hundred ninety-eight, in any proceeding under  this
  section  be  provided  promptly  to  the state case registry established
  pursuant to subdivision four-a of section one hundred  eleven-b  of  the
  social services law.
    * NB There are 2 subdivision 5's
    * 5. On-going cost of living adjustment of child support orders issued
  prior to September fifteenth, nineteen hundred eighty-nine. Any party to
  a  child  support  order  issued  prior to September fifteenth, nineteen
  hundred eighty-nine on the behalf  of  a  child  in  receipt  of  public
  assistance  or  child  support  services pursuant to section one hundred
  eleven-g of the  social  services  law  may  request  that  the  support
  collection  unit  review  the  order  for a cost of living adjustment in
  accordance with the provisions of section two hundred  forty-c  of  this
  article.
    * NB There are 2 subdivision 5's

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.