Fill and Sign the Fca516 a 532 Ssl 111 K Phl 4135 B Form

F.C.A. §§ 516-a, 532, S.S.L. §111-k , P.H.L. §4135-b Form 5-15 [NOTE: Personal Information Form 4-5/5-1-d,(Paternity–Petition to Vacatecontaining social security numbers of parties Acknowledgment of Paternity)must be filed with this Petition] 6/2012 FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF____________________________________________In the Matter of a Paternity ProceedingPetitioner,Docket No.-against- PETITION TO VACATE ACKNOWLEDGMENT OF PATERNITY Respondent.______________________________________________NOTICE: PURSUANT TO THE PROVISIONS OF SECTIONS 516-A AND 532 OF THEFAMILY COURT ACT, UPON THE FILING OF A TIMELY PETITION TO VACATE THE ACKNOWLEDGMENT OF PATERNITY, THE COURT MAY BE REQUIRED TO ORDER GENETIC TESTING, INCLUDING DNA TESTING, FOR THE DETERMINATION OF THE CHILD'S PATERNITY AND TO MAKE A FINDING OF PATERNITY ANDSUPPORT, IF APPROPRIATE.TO THE FAMILY COURT:The undersigned Petitioner respectfully alleges that:1. a. I reside at [specify]: 1 b. Respondent resides at [specify]: 22. Respondent and I executed an Acknowledgment of Paternity concerning________________________________ a child born out of wedlock on __________(date) to_________________________________ . A copy of the Acknowledgment of Paternity is attached.[NOTE: Petitioner MUST black out or redact social security numbers from the Acknowledgment].3. [Check applicable box(es)]; a. G It has been less than 60 days since the signing of the Acknowledgment of Paternity; b. G It has been less than 60 days since the commencement of an administrative or a judicial Unless ordered confidential, pursuant to Family Court Act §154-b, because disclosure would 1pose an unreasonable risk to the health or safety of the Petitioner. See Forms GF-21 and 21a,available at www.nycourts.gov. Unless ordered confidential, pursuant to Family Court Act §154-b, because disclosure would 2pose an unreasonable risk to the health or safety of the Respondent. See Forms GF-21 and 21a,available at www.nycourts.gov. Form 5-15 page 2proceeding, including a proceeding to establish a support order relating to the child, in whicheither person who signed the Acknowledgment of Paternity is a party. c. G Sixty days have elapsed since the signing of the Acknowledgment of Paternity. Thefollowing fraud, duress or material mistake of fact has occurred [specify]: 4. The Acknowledgment of Paternity should be vacated (rescinded) because: [specify reasons]: 5. [Check box if applicable; if not, SKIP to ¶6]]: G My legal obligation for child support arisingfrom the Acknowledgment of Paternity should be suspended for good cause during the challenge to theAcknowledgment of paternity because [specify]: 6. The subject child Gis Gis not a Native American child subject to the Indian Child WelfareAct of 1978 (25 U.S.C. §§ 1901-1963). 7. [Check applicable box]:G I have applied for child support services with the local Department of Social Services.G I am now applying for child support enforcement services by the filing of this petition.G I do not wish to make application for child support services.G I am not eligible for child support enforcement services. 8. Respondent G had G did not have a prior order of support for the above-named child that was payable through the Support Collection Unit. 9.No individual has been adjudicated father of this child, either in this court, or any other court,including a Native American court; and no individual has signed an Acknowledgment of Paternityadmitting paternity for this child apart from the Acknowledgment of Paternity sought to be vacated by thisPetition G except [specify, if applicable]: 10.No previous application has been made to any Court or judge for the relief requested in thisPetition G except [specify, if applicable]: . WHEREFORE, I request that this Court issue an order vacating the Acknowledgment of Paternityand an order determining that the alleged father is not the father of the above-named child and such otherand further relief as may be appropriate under the circumstances.NOTICE: (1) A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THEAPPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THESUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTERSUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THEREQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2)BELOW. SUCH COST OF LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTHPARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALLHAVE THE RIGHT TO BE HEARD BY THE COURT AND TO PRESENT EVIDENCEWHICH THE COURT SHALL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER Form 5-15 page 3IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE FAMILYCOURT ACT, KNOWN AS THE CHILD SUPPORT STANDARDS ACT. (2) A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTEDAT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THANTWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED ORLAST ADJUSTED BY THE SUPPORT COLLECTION UNIT, WITHOUT FURTHERAPPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THEADJUSTED ORDER.(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE,THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS TO WHICH ANADJUSTED ORDER CAN BE SENT, AS REQUIRED BY SECTION 443 OF THE FAMILYCOURT ACT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALLBECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDERTHE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTEDOCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER,REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THEADJUSTED ORDER.____________________________________Petitioner____________________________________Print or Type Name____________________________________Signature of Attorney, if any___________________________________Attorney's Name (Print or Type)__________________________________________________________________________________________________________Attorney's Address and Telephone NumberVERIFICATIONSTATE OF NEW YORK) )ss.:COUNTY OF )________________________________,being duly sworn, deposes and says that (s)he is the Petitioner in the above-entitled proceeding and that the foregoing petition is true to (his) (her) own knowledge, except as to matters hereinstated to be alleged on information and belief as to those matters (s)he believes it to be true.__________________________________PetitionerSworn to before me this ______________________________________________day of________________,_____ . Print or Type Name______________________(Deputy) Clerk of the CourtNotary Public