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Family Court Article 4 Part 7 Undertaking Support

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Undertaking for Support - Cash Deposit

F.C.A. §§ 439, 454, 471, 472, 473, 474, 475
476, 477, 478, 479; Art. 5-B

Form 4-5a
(Undertaking for
Support - Cash
Deposit)
8/2010

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF

In the Matter of a Proceeding for Support

-against-

Petitioner,

Respondent

Docket No.

Undertaking for
Support - Cash
Deposit

WHEREAS an order was entered in the Family Court of the State of New York,

, , County on the day of , directing the

Respondent to post a (cash deposit) to be deposited with the (Support Collection Unit) in the amount of

for a period of to secure compliance by the Respondent with an Order of

Support

dated which order required the Respondent to

NOW THEREFORE, we

, Respondent, and

residing at ,

as surety and residing at

as surety, are held and firmly bound into the Petitioner herein named, in the sum of lawful

money of the United States to be paid to said Petitioner, for which payment well and truly to be made

or done we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by

these presents.

NOW THEREFORE, the condition of this (cash deposit) is such

that the Respondent shall make the support payments to the Petitioner as ordered by the Court in the

amount of for the period of then this

obligation to be void, and in the event of a failure to make said payments to the Petitioner, said

(cash deposit) will be used to indemnify the said Petitioner.

AND we, the undersigned Respondent and Surety, do hereby STIPULATE, AGREE and

CONSENT, that in case the aforesaid Recognizance shall be forfeited, a copy of the order of the Court

forfeiting the same, together with this Recognizance, be filed in the office of the Clerk or County Clerk

of the County of and that judgment may be entered for the sum set forth in said Recognizance, and that

execution issue thereon according to law.

Taken and acknowledged before me the day and year first above written, by whom the sureties

and penalties are approved.

Respondent

Surety

Surety

APPROVAL OF UNDERTAKING

The within undertaking is hereby approved both as to form and sufficiency of sureties.

Dated:

Judge of the Family Court/ Support Magistrate

STATE OF NEW YORK )

:ss.:

COUNTY OF )

On this day of , , before me personally came

and to me known and known to me

1When cash is posted as surety, the person(s) posting such cash shall, at the
expiration of the period for which such security shall have been ordered, be entitled to the
return of such cash less any amount which shall have been paid therefrom to the
Petitioner by reason of any default(s) in payments on the part of the Respondent.

to be the individuals described in and who executed the foregoing undertaking, and they severally

acknowledged that they executed the same.

Clerk of the Family Court

Notary Public

STATE OF NEW YORK )

:ss.:

COUNTY OF )

the within named surety, being duly sworn, says that (s)he is a

holder in the said County and is worth dollars over and above all his/she debts

and liabilities which (s)he owes or has incurred, and exclusive of property exempt by law from levy

and sale under an execution, and that his/her property is in said County of

and consists of and that the title to the property

above specified is now on record in deponent's own name, in the office of the County Clerk of the

County of and that the same is of the value of not less than dollar,

and is assessed for dollars, and is subject to no lien or encumbrances, except ,

and that there are no unsatisfied judgments or executions against

his/her , and that (s)he is under no other recognizance, except

Sworn to before the Court this

day of

Surety

Clerk of the Family Court

Notary Public

Enter text

What the Family Court Article 4 Part 7 Undertaking Support Is

The Family Court Article 4 Part 7 Undertaking Support is a formal written pledge filed in family court documenting a party's promise to provide financial support, services, or specific actions under court supervision. The form records the obligor and obligee, the precise terms of the undertaking, and any conditions for modification or termination. Courts use the undertaking to create a clear enforceable court record that judges and clerks reference for hearings, enforcement motions, and contempt proceedings. Local court rules determine formatting, required attachments, and submission procedures.

Why a Clear Undertaking Matters in Family Court

A complete, accurate undertaking reduces ambiguity in hearings, creates a court-enforceable promise, and provides a documented basis for remedies such as contempt, wage garnishment, or modification. Clear terms help clerks process filings faster and help judges evaluate compliance and enforcement requests.

Why a Clear Undertaking Matters in Family Court

Who Typically Prepares and Relies on an Undertaking

Parties, family law attorneys, and court clerks prepare and review undertakings to document and enforce support commitments.

  • Parents or guardians seeking enforceable financial or caregiving commitments from the other parent or party.
  • Noncustodial parties or obligors who pledge payments, services, or conditions under court supervision.
  • Family law attorneys and paralegals preparing filings, exhibits, and proof of service for court files.

Core Components That Make an Undertaking Effective

A professional undertaking is concise, unambiguous, and includes the elements courts expect to evaluate enforceability and compliance.

Parties

Full legal names, roles (obligor/obligee), current addresses, and contact information to prevent identity or service disputes.

Obligation

A precise description of the support duty (payments, services, or actions) including scope, frequency, and any performance standards.

Amount

If monetary, state exact amounts, periodicity (weekly, monthly), and method of payment to allow enforcement and accounting reconciliation.

Timeline

Start and end dates or triggering events for the undertaking plus deadlines for delivery of documents or performance.

Conditions

Any contingencies, modification procedures, and notice requirements so courts can assess when terms change or expire.

Signatures

Signature blocks for all parties, dated signatures, and any required witness or notary acknowledgements per local court rules.

Step-by-Step: Completing and Filing an Undertaking

Use this sequence to prepare, review, file, and preserve the undertaking for efficient court handling and enforceability.

  • 01
    Prepare Document: Populate all required fields and attach exhibits.
  • 02
    Confirm Identities: Verify legal names and current addresses match IDs.
  • 03
    File with Court: Submit to the clerk following local filing rules.
  • 04
    Serve Other Party: Provide proof of service per court procedures.

Digital Workflow Settings for Online Completion and Submission

Configure these settings when collecting electronic signatures and sending final copies to the court and all parties.

Field Configuration
Signer Authentication Email link, SMS code, or identity verification
Document Routing Sequential signer order with automatic forwarding
Exhibit Attachment Require PDF attachments and label exhibits
Delivery Method Send signed copies to court and parties

Where to File and How Documents Move Through the Court

Understand common filing paths and who receives copies so the undertaking becomes part of the official family court record.

  • Clerk's Office: File the original with the family court clerk.
  • Judge's File: Clerk attaches the undertaking to the case file for review.
  • Opposing Party: Provide proof of service and deliver a signed copy.
  • Enforcement Units: Court enforcement or child support agencies receive copies as needed.

Requirements for Digital Signing and eSubmission Platforms

Verify platform HIPAA/SOC 2/21 CFR readiness when handling regulated information and confirm the court accepts e-submissions in your jurisdiction.

  • Integrations: Salesforce, Microsoft 365, NetSuite
  • File formats: PDF, DOCX, HTML
  • Authentication: Email, SMS, or KBA

eSignature Provider Pricing and Feature Snapshot for Court Filings

Basic pricing and feature availability across common eSignature providers to help determine platform capabilities for court-oriented workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Potential Penalties and Risks from Incorrect Undertakings

Court Rejection: Filing may be rejected
Contempt Proceedings: Possible fines or jail
Perjury Exposure: Criminal liability risk
Enforcement Delay: Remedies may be postponed
Financial Liability: Damages or restitution risk
Administrative Costs: Added attorney and filing fees

Common Preparation Errors to Avoid

  • Leaving fields blank, using nicknames, or omitting addresses leads to processing delays and possible rejection by the clerk.
  • Failing to attach required supporting documents, such as pay stubs or exhibits, gives the court insufficient evidence to enforce terms.
  • Not verifying whether the court requires notarization or witness signatures can render the undertaking noncompliant with local rules.
  • Submitting unsigned or undated documents or using inconsistent dates increases the risk of contested enforcement or evidentiary challenges.

Security and Compliance Considerations for Digital Handling

Encryption: TLS 1.2/1.3 in transit
Data-at-Rest: AES-256 at rest encryption
Certifications: SOC 2 Type II, ISO 27001
HIPAA: BAA required for PHI
Audit Trail: Comprehensive timestamped trail
Access Controls: SSO, SAML, advanced auth

Practical Tips for Accurate, Efficient Completion

Apply these practices to minimize court friction, support enforceability, and reduce the chance of costly corrections or delays.

Confirm Identity and Names
Before filing, verify legal names against government-issued identification and use the same name throughout the document and attachments; mismatched names frequently trigger clerk requests for clarification and slow case processing, potentially requiring re-filing or amended undertakings.
Be Specific About Payments
State exact amounts, due dates, methods of payment, and where funds should be sent; specificity prevents disputes and allows enforcement agents and the court to calculate arrears without further evidentiary submissions.
Attach Verifying Documents
Include pay stubs, bank statements, invoices, or expense logs referenced in the undertaking; attachments give the court immediate context and reduce the need for follow-up discovery or supplemental filings.
Preserve the Audit Trail
When using digital signing, retain the platform audit trail showing signer identity, timestamps, and IP addresses to support authenticity and attribution if a party contests the document in court.

Frequently Asked Questions and Troubleshooting

Answers to common questions about e-signing, notarization, filing, corrections, and retention for family court undertakings.


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