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New York Domestic Relations - Article 13 - § 240 Custody and Child Support; Orders of Protection

Legal Research Home > New York Laws > Domestic Relations > New York Domestic Relations - Article 13 - § 240 Custody and Child Support; Orders of Protection


Domestic Relations 
 
    §  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 and state on the record how  such  findings,  facts  and
  circumstances  factored  into  the  direction.  If a parent makes a good
  faith allegation based on a reasonable belief supported  by  facts  that
  the child is the victim of child abuse, child neglect, or the effects of
  domestic violence, and if that parent acts lawfully and in good faith in
  response  to  that  reasonable  belief  to  protect  the  child  or seek
  treatment for the child, then that  parent  shall  not  be  deprived  of
  custody, visitation or contact with the child, or restricted in custody,
  visitation  or  contact,  based  solely on that belief or the reasonable
  actions taken based on that belief. If an allegation  that  a  child  is
  abused  is  supported by a preponderance of the evidence, then the court
  shall consider such evidence of  abuse  in  determining  the  visitation
  arrangement  that  is  in  the best interest of the child, and the court
  shall not place a child in the  custody  of  a  parent  who  presents  a
  substantial  risk  of  harm to that child, and shall state on the record
  how such  findings  were  factored  into  the  determination.  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.
    (a-1)(1)   Permanent  and  initial  temporary  orders  of  custody  or
  visitation. Prior to the issuance of any permanent or initial  temporary
  order  of custody or visitation, the court shall conduct a review of the
  decisions and reports listed in subparagraph three of this paragraph.
    (2) Successive temporary orders of custody or visitation. Prior to the
  issuance of any successive temporary order of custody or visitation, the
  court shall conduct a review of the  decisions  and  reports  listed  in
  subparagraph  three  of  this  paragraph,  unless such a review has been
  conducted within ninety days prior to the issuance of such order.
    (3) Decisions and reports for review. The court shall conduct a review
  of the following:
    (i) related decisions  in  court  proceedings  initiated  pursuant  to
  article  ten  of the family court act, and all warrants issued under the
  family court act; and
    (ii) reports of the  statewide  computerized  registry  of  orders  of
  protection  established  and  maintained pursuant to section two hundred
  twenty-one-a of the executive law,  and  reports  of  the  sex  offender
  registry  established  and  maintained  pursuant  to section one hundred
  sixty-eight-b of the correction law.
    (4) Notifying  counsel  and  issuing  orders.  Upon  consideration  of
  decisions  pursuant to article ten of the family court act, and registry

  reports and notifying counsel involved in  the  proceeding,  or  in  the
  event  of  a self-represented party, notifying such party of the results
  thereof, including any court appointed attorney for children, the  court
  may issue a temporary, successive temporary or final order of custody or
  visitation.
    (5)  Temporary emergency order. Notwithstanding any other provision of
  the law, upon emergency situations, including computer malfunctions,  to
  serve  the  best  interest of the child, the court may issue a temporary
  emergency order for custody or visitation in the event that  it  is  not
  possible  to  timely  review  decisions  and  reports  on  registries as
  required pursuant to subparagraph three of this paragraph.
    (6) After  issuing  a  temporary  emergency  order.  After  issuing  a
  temporary  emergency  order  of  custody  or visitation, the court shall
  conduct reviews of the decisions and reports on registries  as  required
  pursuant  to  subparagraph  three  of  this paragraph within twenty-four
  hours of the issuance of such temporary  emergency  order.  Should  such
  twenty-four hour period fall on a day when court is not in session, then
  the  required  reviews  shall  take  place  the next day the court is in
  session. Upon reviewing decisions and reports  the  court  shall  notify
  associated  counsel, self-represented parties and attorneys for children
  pursuant to subparagraph four of this paragraph and may issue  temporary
  or permanent custody or visitation orders.
    (7)  Feasibility study. The commissioner of the office of children and
  family services, in conjunction with the office of court administration,
  is hereby authorized and directed to examine, study, evaluate  and  make
  recommendations   concerning  the  feasibility  of  the  utilization  of
  computers in  courts  which  are  connected  to  the  statewide  central
  register  of  child  abuse  and  maltreatment established and maintained
  pursuant to section four hundred twenty-two of the social services  law,
  as  a  means  of  providing  courts  with  information regarding parties
  requesting orders of custody or visitation. Such commissioner shall make
  a preliminary report to the governor and the  legislature  of  findings,
  conclusions  and  recommendations  not  later  than  January  first, two
  thousand  nine,  and  a  final  report  of  findings,  conclusions   and
  recommendations  not later than June first, two thousand nine, and shall
  submit with  the  reports  such  legislative  proposals  as  are  deemed
  necessary to implement the commissioner's recommendations.
    (a-2)  Military service by parent; effect on child custody orders. (1)
  During the period of time  that  a  parent  is  activated,  deployed  or
  temporarily assigned to military service, such that the parent's ability
  to  continue  as  a  joint caretaker or the primary caretaker of a minor
  child is materially affected by such military service, any orders issued
  pursuant to  this  section,  based  on  the  fact  that  the  parent  is
  activated,  deployed  or temporarily assigned to military service, which
  would materially affect or change a previous judgment or order regarding
  custody of that parent's child or children as  such  judgment  or  order
  existed  on  the date the parent was activated, deployed, or temporarily
  assigned to military service, shall be subject  to  review  pursuant  to
  subparagraph  three  of  this  paragraph. Any relevant provisions of the
  Service Member's  Civil  Relief  Act  shall  apply  to  all  proceedings
  governed by this section.
    (2) During such period, the court may enter an order to modify custody
  if  there  is  clear and convincing evidence that the modification is in
  the best interests of the child. An attorney  for  the  child  shall  be
  appointed  in  all  cases  where  a  modification  is sought during such
  military service. Such order shall be  subject  to  review  pursuant  to
  subparagraph three of this paragraph. When entering an order pursuant to
  this  section, the court shall consider and provide for, if feasible and

  if in the best interests of the  child,  contact  between  the  military
  service  member  and  his  or  her child, including, but not limited to,
  electronic  communication  by  e-mail,  webcam,  telephone,   or   other
  available  means.  During the period of the parent's leave from military
  service, the court shall consider the best interests of the  child  when
  establishing a parenting schedule, including visiting and other contact.
  For  such purposes, a "leave from military service" shall be a period of
  not more than three months.
    (3) Unless the parties have otherwise  stipulated  or  agreed,  if  an
  order  is  issued  pursuant  to this paragraph, the return of the parent
  from active military service, deployment or temporary  assignment  shall
  be considered a substantial change in circumstances. Upon the request of
  either  parent,  the  court  shall determine on the basis of the child's
  best interests whether the  custody  judgment  or  order  previously  in
  effect should be modified.
    (4)  This  paragraph  shall not apply to assignments to permanent duty
  stations or permanent changes of station.
    (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.
    (3) When the person on whose behalf the petition is brought is a child
  in  accordance  with paragraph (c) of this subdivision, health insurance
  benefits shall be considered "reasonable in cost" if the cost of  health
  insurance benefits does not exceed five percent of the combined parental
  gross  income.  The cost of health insurance benefits shall refer to the
  cost of the premium and deductible attributable to adding the  child  or
  children  to  existing coverage or the difference between such costs for
  self-only and family coverage. Provided, however, the  presumption  that
  the  health  insurance  benefits  are reasonable in cost may be rebutted
  upon a finding that the cost is unjust or  inappropriate  which  finding
  shall  be  based  on  the  circumstances  of  the  case,  the  cost  and
  comprehensiveness of the health insurance benefits for which  the  child
  or  children  may  otherwise  be eligible, and the best interests of the
  child or children. In no instance shall  health  insurance  benefits  be
  considered  "reasonable  in  cost"  if  a  parent's share of the cost of
  extending such coverage would reduce the income of that parent below the
  self-support  reserve.  Health  insurance   benefits   are   "reasonably
  accessible" if the child lives within the geographic area covered by the
  plan  or lives within thirty minutes or thirty miles of travel time from
  the child's residence to the services covered by  the  health  insurance
  benefits  or  through  benefits  provided  under a reciprocal agreement;
  provided, however, this presumption may be rebutted for good cause shown
  including, but not limited to, the special health needs  of  the  child.
  The  court  shall set forth such finding and the reasons therefor in the
  order of support.
    (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. 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.  Nothing  in   this
  subdivision shall alter or limit the authority of the medical assistance
  program  to  determine when it is considered cost effective to require a
  custodial parent  to  enroll  a  child  in  an  available  group  health
  insurance  plan pursuant to paragraphs (b) and (c) of subdivision one of
  section three hundred sixty-seven-a of the social services law.
    (d) The cost of providing health insurance benefits or benefits  under
  the  state's  child  health  insurance  plan  or  the medical assistance
  program, pursuant to paragraph (c) of this subdivision, shall be  deemed
  cash  medical  support,  and the court shall determine the obligation of
  either or both parents to contribute to the  cost  thereof  pursuant  to
  subparagraph five of paragraph (c) of subdivision one-b of this section.
    (e)  The  court shall provide in the order of support that the legally
  responsible relative immediately notify the other party,  or  the  other
  party and the support collection unit when the order is issued on behalf
  of  a  child  in  receipt of public assistance and care or in receipt of
  services pursuant to section one hundred eleven-g of the social services
  law,  of  any  change  in  health  insurance  benefits,  including   any
  termination of benefits, change in the health insurance benefit carrier,
  premium, or extent and availability of existing or new benefits.
    (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 the
  amount set forth in paragraph (b) of  subdivision  two  of  section  one

  hundred  eleven-i  of  the  social services law 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  determine  the  parties'  obligation  to  provide
  health  insurance  benefits  pursuant  to  this  section and to pay cash
  medical support as provided under this subparagraph.
    (i) "Cash medical support" means an amount ordered to be  paid  toward
  the  cost of health insurance provided by a public entity or by a parent
  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, and/or for  other  health  care
  expenses not covered by insurance.
    (ii)  Where health insurance benefits pursuant to subparagraph one and
  clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision
  one of this section are determined by the court  to  be  available,  the
  cost  of  providing  health insurance benefits 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.
    (iii) Where health insurance benefits pursuant to subparagraph one and
  clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision
  one of this section are determined by the court to  be  unavailable,  if
  the  child  or  children  are determined eligible for coverage under the
  medical assistance program  established  pursuant  to  title  eleven  of
  article  five  of  the  social  services  law, the court shall order the
  non-custodial parent to pay cash medical support as follows:
    (A) In the case of a child or children  authorized  for  managed  care
  coverage  under the medical assistance program, the lesser of the amount
  that would be required as a family contribution under the state's  child
  health  insurance plan pursuant to title one-A of article twenty-five of
  the public health law for the child  or  children  if  they  were  in  a
  two-parent  household  with  income  equal to the combined income of the
  non-custodial and custodial parents or the premium paid by  the  medical
  assistance  program  on  behalf  of the child or children to the managed
  care plan. The court shall separately state the  non-custodial  parent's
  monthly  obligation.  The  non-custodial  parent's  cash medical support
  obligation under this clause shall not exceed five percent of his or her
  gross income, or  the  difference  between  the  non-custodial  parent's
  income and the self-support reserve, whichever is less.

    (B)  In the case of a child or children authorized for fee-for-service
  coverage under the medical assistance program  other  than  a  child  or
  children described in item (A) of this clause, the court shall determine
  the   non-custodial   parent's   maximum  annual  cash  medical  support
  obligation,  which  shall  be  equal to the lesser of the monthly amount
  that would be required as a family contribution under the state's  child
  health  insurance plan pursuant to title one-A of article twenty-five of
  the public health law for the child  or  children  if  they  were  in  a
  two-parent  household  with  income  equal to the combined income of the
  non-custodial and custodial parents times twelve months or the number of
  months that the child or children  are  authorized  for  fee-for-service
  coverage  during any year. The court shall separately state in the order
  the  non-custodial  parent's  maximum  annual   cash   medical   support
  obligation  and,  upon proof to the court that the non-custodial parent,
  after notice of the amount due, has failed to pay the public entity  for
  incurred  health  care expenses, the court shall order the non-custodial
  parent to pay such incurred health  care  expenses  up  to  the  maximum
  annual  cash  medical  support obligation. Such amounts shall be support
  arrears/past due support  and  shall  be  subject  to  any  remedies  as
  provided by law for the enforcement of support arrears/past due support.
  The  total annual amount that the non-custodial parent is ordered to pay
  under this clause shall not exceed five percent  of  his  or  her  gross
  income  or  the difference between the non-custodial parent's income and
  the self-support reserve, whichever is less.
    (C) The court shall order cash medical  support  to  be  paid  by  the
  non-custodial  parent  for health care expenses of the child or children
  paid by the medical assistance program prior  to  the  issuance  of  the
  court's  order.  The  amount  of  such  support  shall  be calculated as
  provided under item (A) or (B) of this clause, provided that the  amount
  that  the  non-custodial  parent is ordered to pay under this item shall
  not exceed five percent of his or her gross  income  or  the  difference
  between  the non-custodial parent's income and the self-support reserve,
  whichever is less, for the year when  the  expense  was  incurred.  Such
  amounts  shall  be support arrears/past due support and shall be subject
  to any remedies as provided  by  law  for  the  enforcement  of  support
  arrears/past due support.
    (iv)  Where health insurance benefits pursuant to subparagraph one and
  clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision
  one of this section are determined by the court to be  unavailable,  and
  the  child  or  children  are determined eligible for coverage under the
  state's child health insurance plan pursuant to title one-A  of  article
  twenty-five  of  the  public  health  law,  the court shall prorate each
  parent's share of the cost of the  family  contribution  required  under
  such child health insurance plan in the same proportion as each parent's
  income  is  to the combined parental income, and state the amount of the
  non-custodial parent's share in the order.  The  total  amount  of  cash
  medical  support  that  the non-custodial parent is ordered to pay under
  this clause shall not exceed five percent of his or her gross income, or
  the  difference  between  the  non-custodial  parent's  income  and  the
  self-support reserve, whichever is less.
    (v)  In  addition  to the amounts ordered under clause (ii), (iii), or
  (iv), the court shall pro rate each parent's share of reasonable  health
  care   expenses  not  reimbursed  or  paid  by  insurance,  the  medical
  assistance program established pursuant to title eleven of article  five
  of  the  social services law, or the state's child health insurance plan
  pursuant to title one-A of article twenty-five of the public health law,
  in the same proportion as  each  parent's  income  is  to  the  combined
  parental  income,  and  state  the  non-custodial  parent's  share  as a

  percentage in the order. The non-custodial parent's pro  rata  share  of
  such  health  care  expenses determined by the court to be due and owing
  shall be support arrears/past due support and shall be  subject  to  any
  remedies provided by law for the enforcement of support arrears/past due
  support.  In  addition,  the  court  may  direct  that the non-custodial
  parent's pro rata share of such health care expenses be paid in one  sum
  or  in  periodic  sums,  including  direct  payment  to  the health care
  provider.
    (vi) Upon proof by either party that cash medical support pursuant  to
  clause (ii), (iii), (iv), or (v) of this subparagraph would be unjust or
  inappropriate  pursuant  to paragraph (f) of this subdivision, the court
  shall:
    (A) order the parties to pay cash medical support as the  court  finds
  just and appropriate, considering the best interests of the child; and
    (B)  set  forth  in  the  order  the factors it considered, the amount
  calculated under this subparagraph, the reason or reasons the court  did
  not order such amount, and the basis for the amount awarded.
    (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, provided, however,
  that if the court finds that such  basic  child  support  obligation  is
  unjust   or   inappropriate,   which   finding   shall   be  based  upon
  considerations of the  factors  set  forth  in  paragraph  (f)  of  this
  subdivision,  the court shall order the non-custodial parent to pay such
  amount of the child support as the court  finds  just  and  appropriate.
  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, in addition to  any  amounts
  that  the  court  may,  in  its  discretion,  order  in  accordance with
  subparagraphs four, five, six and/or seven  of  paragraph  (c)  of  this
  subdivision.
    (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. 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 the office of temporary  and  disability  assistance
  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.
    (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  any  other  provision  of  this  chapter  to the
  contrary, there shall be a rebuttable presumption that it is not in  the
  best  interests  of the child to be placed in the custody of or to visit
  with a person who has been convicted of one or  more  of  the  following
  sexual  offenses  in  this state or convicted of one or more offenses in
  another jurisdiction which, if committed in this state, would constitute
  one or more of the following offenses, when a child who is  the  subject
  of  the  proceeding  was conceived as a result: (A) rape in the first or
  second degree; (B) course of sexual conduct against a child in the first
  degree; (C) predatory sexual assault; or (D)  predatory  sexual  assault
  against a child.
    (c)  Notwithstanding  paragraph (a) or (b) 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;
    (ii)  and  the  court  finds that such visitation or custody is in the
  best interests of the child.

    (d) For the purpose of making a determination pursuant to  clause  (C)
  of  subparagraph  (i)  of  paragraph  (c) 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, an attorney 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;
    (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  refrain  from  intentionally  injuring  or  killing,  without
  justification,  any  companion  animal the respondent knows to be owned,
  possessed, leased, kept or held by the person protected by the order  or
  a  minor  child residing in such person's household. "Companion animal,"
  as used in this section, shall have the same meaning as  in  subdivision
  five of section three hundred fifty of the agriculture and markets law;
    (8)  (i)  to promptly return specified identification documents to the
  protected party, in whose favor the order  of  protection  or  temporary
  order  of  protection is issued; provided, however, that such order may:
  (A) include any appropriate provision designed to ensure that  any  such
  document  is  available  for  use  as  evidence  in this proceeding, and
  available if necessary for legitimate use by the party against whom such
  order is issued; and (B) specify the manner in which such  return  shall
  be accomplished.
    (ii)  For  purposes  of  this  subparagraph, "identification document"
  shall mean any of the following: (A) exclusively  in  the  name  of  the
  protected  party:  birth  certificate,  passport,  social security card,
  health insurance or other benefits card, a  card  or  document  used  to
  access bank, credit or other financial accounts or records, tax returns,
  any  driver's  license,  and  immigration  documents  including  but not
  limited to a  United  States  permanent  resident  card  and  employment
  authorization  document;  and  (B)  upon  motion and after notice and an
  opportunity to be heard, any of the following, including those that  may
  reflect  joint use or ownership, that the court determines are necessary
  and are appropriately transferred to the protected party:  any  card  or
  document  used  to  access  bank,  credit or other financial accounts or
  records, tax returns, and any other identifying cards and documents; and
    (9) 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 order of protection shall also
  contain the following notice: "This order of protection will  remain  in
  effect  even if the protected party has, or consents to have, contact or
  communication with the party against whom  the  order  is  issued.  This
  order of protection can only be modified or terminated by the court. The
  protected party cannot be held to violate this order nor be arrested for
  violating  this  order.".  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.  In  any  proceeding
  pursuant to this article, a court shall not deny an order of protection,
  or  dismiss  an  application for such an order, solely on the basis that
  the acts or events alleged are not relatively contemporaneous  with  the
  date of the application or the conclusion of the action. The duration of
  any  temporary  order shall not by itself be a factor in determining the
  length or issuance of any final order.
    f. In addition to the foregoing provisions, the  court  may  issue  an
  order,  pursuant  to  section  two  hundred  twenty-seven-c  of the real
  property law, authorizing the party  for  whose  benefit  any  order  of
  protection  has  been  issued  to  terminate a lease or rental agreement
  pursuant to section two hundred twenty-seven-c of the real property law.
    g. 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.
    h.  Upon  issuance  of  an  order  of protection or temporary order of
  protection or upon a violation of such order, the  court  shall  make  a
  determination  regarding  the  suspension and revocation of a license to
  carry,  possess,  repair  or  dispose  of   a   firearm   or   firearms,
  ineligibility  for  such  a  license  and  the  surrender of firearms in
  accordance with sections eight hundred  forty-two-a  and  eight  hundred
  forty-six-a  of the family court act, as applicable. 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.
    i.  The  protected  party  in  whose  favor the order of protection or
  temporary order of protection is issued may not be held to violate  such
  an  order  nor  may  such protected party be arrested for violating such
  order.
    * 3-a. Service of order of protection. a.  If  a  temporary  order  of
  protection  has  been  issued  or an 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.
    b.   Notwithstanding  any  other  provision  of  law,  all  orders  of
  protection and temporary orders of protection filed  and  entered  along
  with  any  associated  papers  that  may be served simultaneously may be
  transmitted by facsimile transmission or electronic means for  expedited
  service  in  accordance  with  the  provisions  of this subdivision. For
  purposes of this subdivision, "facsimile transmission"  and  "electronic
  means" shall be as defined in subdivision (f) of rule twenty-one hundred
  three of the civil practice law and rules.
    * NB Separately amended cannot be put together
    * 3-a.  Service  of  order  of protection. (a) If a temporary order of
  protection has been issued or an 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 together with  any  associated  papers
  that may be served simultaneously including the summons and petition, 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  in  this  section
  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.
    (b) When the temporary order of protection or order of protection  and
  associated  papers, if any, have been served, such officer or designated
  person shall provide the  court  with  an  affirmation,  certificate  or
  affidavit  of service when the temporary order of protection or order of
  protection has been served, 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.  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.
    (c)  Where  an officer or designated person obliged to perform service
  pursuant to this section is unable to complete service of the  temporary
  order  of  protection or order of protection, such officer or designated
  person shall provide the court with proof of attempted  service  of  the
  temporary  order  of  protection or order of protection with information
  regarding the dates, times, locations and manner of  attempted  service.
  An  affirmation,  certificate  or  affidavit of service with 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 name of the
  party and the papers attempted to be served on said person, and for each
  attempted service, the date, time, address or in the event there  is  no
  address,  place,  and  manner  of  attempted  service, shall be proof of
  attempted service.
    (d) Any peace  or  police  officer  or  designated  person  performing
  service  under this subdivision shall not charge a fee for such service,
  including, but not limited to, fees  as  provided  under  section  eight
  thousand eleven of the civil practice law and rules.
    * NB Separately amended cannot be put together
    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
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Last modified: February 15, 2014