New York Order After Filing of Objections

Family Court of the State of New York
ORDER (After Filing of Objections)

F.C.A. § 439(e); Art. 5-B Form 4-7a (Order-After Filing of Objections) 5/2015

At a term of the Family Court of the State of New York, held in and for the County of , at New York on .

PRESENT:

In the Matter of a Proceeding for Support Under Article of the Family Court Act

ORDER (After Filing of Objections)

Docket No.

Petitioner,
S.S.#: -against-
Respondent
S.S.#:

Notice: Your willful failure to obey this order may result in commitment to jail for a term not to exceed six months for contempt of court or prosecution for criminal non-support.

Your failure to obey this order may result in suspension of your driver’s licenses, state-issued professional, trade, business and occupational licenses and recreational and sporting licenses and permits; and imposition of real or personal property liens.

The Petitioner, having filed a petition, dated alleging that the Respondent:

failed to obey an order, dated

seeks to terminate extend modify an order, dated

which order alleges that the Respondent is chargeable with the support of [specify]:

Name(s) of child(ren) Date(s) of Birth Last 4 Digits of Soc. Sec. #

And Respondent having appeared before a Support Magistrate of this Court to answer the petition and to show why an order of Support and other relief requested in the petition should not be granted; and Respondent, after having been advised of the right to counsel, having denied admitted the allegations of the petition; and

The matter having been heard before a Support Magistrate of this Court and the Support Magistrate having made findings of fact and having entered a final order [recite terms of order]:

And specific written objections to the order of support having been timely filed with this Court by after entry of the order, and this Court having reviewed the objections, and a new hearing having been not having been held;

And the name, address and telephone number of Respondent’s (modification only): Petitioner’s current employer(s) is/are:

NAME

ADDRESS

TELEPHONE

NOW, after examination and inquiry into the facts and circumstances of the case (and after hearing the proofs and testimony offered); it is hereby

ORDERED that the objections filed are hereby DENIED.

OR

ORDERED that the following issues of fact are hereby REMANDED to the Support Magistrate for determination:

OR

ORDERED and ADJUDGED that the objections are SUSTAINED to the extent set forth in the following new findings [recite new findings of fact]:

and are DENIED in all other respects.

And it is further ORDERED that:

The basic child support obligation for support of the following child(ren) is $ weekly, every two weeks, monthly, twice per month, quarterly:

NAME DATE OF BIRTH LAST 4 DIGITS OF SOC. SEC. # AMOUNT

The mother is the custodial non-custodial parent, whose pro rata share of the basic child support obligation is $

The father is the custodial non-custodial parent, whose pro rata share of the basic child obligation is $ weekly, every two weeks, monthly, twice per month, quarterly;

And the Court finds further that:

The non-custodial parent's pro rata share of the basic child support obligation is neither unjust nor inappropriate;

Upon consideration of the following factors specified in Family Court Act §413(1)(f):

NOW, therefore, it is hereby

ORDERED AND ADJUDGED that the above-named Respondent is chargeable with the support of the following person(s) and is possessed of sufficient means and able to earn such means to provide the payment of the sum $ weekly every two weeks monthly twice per month quarterly, such payments to commence on

allocated as follows for and toward the support of Respondent’s spouse and children as follows:

spouse:

child(ren):

Total:

ORDERED that the judgment order, dated , is terminated;

ORDERED that the judgment order dated , is continued until further order of this Court;

ORDERED that the judgment order, dated , is modified and in the following respects:

AND the defaulting party having shown/failing to show good cause for failure to make an application for relief...

ORDERED that arrears in the amount of $ are annulled reduced to $ fixed at the full amount of $

[Applicable to IV-D cases only]:

ORDERED that the Respondent pay the additional sum of $ weekly every two weeks monthly twice per month quarterly, towards arrears of $

ORDERED that judgment be entered in favor of the Petitioner against the Respondent in the amount of $ plus interest in the amount of $ plus costs and disbursements in the amount of $ for a total sum of $

ORDERED and ADJUDGED that the above-named Respondent Petitioner is responsible for the support so ordered from the date of the filing of the petition to the date of this Order less the amount of $ already paid, and that the Respondent Petitioner shall pay the sum of $ as follows: $ immediately, $ weekly, every two weeks, twice per month, quarterly, to:

Respondent by cash, check or money order Petitioner by cash, check or money order

Non-IV-D cases: Payable to the Petitioner by check or money order and mailed to the NYS Child Support Processing Center, P.O. Box 15365, Albany, NY 12212-5365.

IV-D cases: Payable by check or money order made payable to and mailed to the NYS Child Support Processing Center, PO Box 15363, Albany, NY 12212-5363.

ORDERED that, for the following reason(s) constituting good cause pursuant to Section 440(1)(b) of the Family Court Act, the IV-D cases: Support Collection Unit Non-IV-D cases: Court shall NOT issue an immediate income execution;

[IV-D cases only]: ORDERED that the Respondent, custodial parent and any other individual parties immediately notify the Support Collection Unit of any changes in address, social security number, telephone number, driver’s license number, employer information, and health insurance benefits.

And the Court having determined that [check applicable box]:

The child(ren) are currently covered by the following health insurance plan: maintained by

Health insurance coverage is available to one of the parents or a legally-responsible relative under the following health insurance plan:

Health insurance coverage is available to both of the parents as follows:

No legally-responsible relative has health insurance coverage available for the child(ren), but the child(ren) may be eligible for Child Health Plus or Medical Assistance.

No legally-responsible relative has health insurance coverage available for the child(ren), but the child(ren) are currently enrolled in the New York State Medical Assistance Program.

IT IS THEREFORE ORDERED that [specify name(s) of legally-responsible relative(s)]:

The mother is the custodial non-custodial parent, whose pro rata share of the cost or premiums to obtain or maintain such health insurance coverage is

The father is the custodial non-custodial parent, whose pro rata share of the cost or premiums to obtain or maintain such health insurance coverage is

And the Court further finds that [Check applicable box]:

Each parent shall pay the cost of premiums or family contribution in the same proportion as each of their incomes are to the combined parental income as cited above;

Upon consideration of the following factors:

OR

[Where the child(ren) are recipients of managed care coverage under the New York State Medical Assistance Program] ORDERED that shall pay the amount of $ per

[Where the child(ren) are recipients of fee-for-service coverage under the New York State Medical Assistance Program] ORDERED that shall pay up to an annual maximum of $

ORDERED that shall execute and deliver forms/documents/instruments to assure timely payment of health insurance claims; and it is further

ORDERED that upon a finding that the above-named legally-responsible relative(s) willfully failed to obtain health insurance benefits, such relative(s) will be presumptively liable for health care expenses.

ORDERED that shall pay his/her pro rata share of future reasonable health expenses of the child(ren) not covered by insurance by: direct payments to the health care provider other

ORDERED that, if health insurance benefits for the above-named child(ren) become available in the future, such relative(s) shall enroll the dependents immediately.

[Where the Court has made a finding that health insurance is not available] ORDERED that an execution for medical support enforcement shall not be issued unless a subsequent determination is made by the Court that such health insurance benefits are available;

ORDERED that shall pay the sum of $ as his/her proportionate share of reasonable child care expenses.

ORDERED that shall pay the sum of $ as educational expenses.

ORDERED that [specify party or parties]: purchase and maintain life and/or accident insurance in the amount of

In the case of life insurance, the following shall be designated as irrevocable beneficiaries: during the following time period:

In the case of accident insurance, the insured party shall be designated as irrevocable beneficiary during the following time period:

The obligation to provide such insurance shall cease upon the termination of the duty of to provide support for each child.

[IV-D Cases]: ORDERED that when family assistance is no longer received, support payments shall continue to be made to the Support Collection Unit.

ORDERED that the support obligor, the non-custodial parent, is directed to: seek employment participate in job training/employment counseling/programs designed to lead to employment

Program:

[JUDICIAL ORDERS ONLY] ORDERED that Respondent shall have the following rights of visitation with respect to the child(ren):

[REQUIRED] IT IS FURTHER ORDERED that a copy of this order be provided promptly by Support Collection Unit (IV-D cases) Clerk of Court (non-IV-D cases) to the New York State Case Registry of Child Support Orders.

ORDERED that

Check applicable box:

Order mailed on

Order received in court on

INFORMATION CONCERNING COST OF LIVING ADJUSTMENTS AND MODIFICATIONS

(1) This order of child support shall be adjusted by the application of a cost of living adjustment at the direction of the Support Collection Unit no earlier than twenty-four months after this order is issued, last modified or last adjusted...

(2) A recipient of family assistance shall have the child support order reviewed and adjusted...

(3) Where any party fails to provide and update a current address, the support obligation amount contained therein shall become due and owing...

(4) In addition to a cost of living adjustment, each party has a right to seek a modification of the child support order upon a showing of substantial change in circumstances, three years have passed, or income change of fifteen percent or more...

Pursuant to section 1113 of the Family Court Act, an appeal from this order must be taken within 30 days of receipt of the order by appellant in court, 35 days from the date of mailing of the order to appellant by the Clerk of the Court, or 30 days after service by a party or the attorney for the child upon the appellant, whichever is earliest.