N.Y. Dom. Rel. Law § 240

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 DRL § 240 Custody and child support; orders of protection. 1 ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 240. Custody and child support; orders of protection. 1. (a) In anyaction or proceeding brought (1) to annul a marriage or to declare thenullity of a void marriage, or (2) for a separation, or (3) for adivorce, or (4) to obtain, by a writ of habeas corpus or by petition andorder to show cause, the custody of or right to visitation with anychild of a marriage, the court shall require verification of the statusof any child of the marriage with respect to such child's custody andsupport, including any prior orders, and shall enter orders for custodyand support as, in the court's discretion, justice requires, havingregard to the circumstances of the case and of the respective partiesand to the best interests of the child and subject to the provisions ofsubdivision one-c of this section. Where either party to an actionconcerning custody of or a right to visitation with a child alleges in asworn petition or complaint or sworn answer, cross-petition,counterclaim or other sworn responsive pleading that the other party hascommitted an act of domestic violence against the party making theallegation or a family or household member of either party, as suchfamily or household member is defined in article eight of the familycourt act, and such allegations are proven by a preponderance of theevidence, the court must consider the effect of such domestic violenceupon the best interests of the child, together with such other facts andcircumstances as the court deems relevant in making a direction pursuantto this section and state on the record how such findings, facts andcircumstances factored into the direction. If a parent makes a goodfaith allegation based on a reasonable belief supported by facts thatth section and state on the record how such findings, facts andcircumstances factored into the direction. If a parent makes a goodfaith allegation based on a reasonable belief supported by facts thatthe child is the victim of child abuse, child neglect, or the effects ofdomestic violence, and if that parent acts lawfully and in good faith inresponse to that reasonable belief to protect the child or seektreatment for the child, then that parent shall not be deprived ofcustody, visitation or contact with the child, or restricted in custody,visitation or contact, based solely on that belief or the reasonableactions taken based on that belief. If an allegation that a child isabused is supported by a preponderance of the evidence, then the courtshall consider such evidence of abuse in determining the visitationarrangement that is in the best interest of the child, and the courtshall not place a child in the custody of a parent who presents asubstantial risk of harm to that child, and shall state on the recordhow such findings were factored into the determination. Where aproceeding filed pursuant to article ten or ten-A of the family courtact is pending at the same time as a proceeding brought in the supremecourt involving the custody of, or right to visitation with, any childof a marriage, the court presiding over the proceeding under article tenor ten-A of the family court act may jointly hear the dispositionalhearing on the petition under article ten or the permanency hearingunder article ten-A of the family court act and, upon referral from thesupreme court, the hearing to resolve the matter of custody orvisitation in the proceeding pending in the supreme court; providedhowever, the court must determine custody or visitation in accordancewith the terms of this section.An order directing the payment of child support shall contain thesocial security numbers of the named parties. In all cases there shallbe no prima facie right to the custody of the child i s section.An order directing the payment of child support shall contain thesocial security numbers of the named parties. In all cases there shallbe no prima facie right to the custody of the child in either parent.Such direction shall make provision for child support out of theproperty of either or both parents. The court shall make its award forchild support pursuant to subdivision one-b of this section. Suchdirection may provide for reasonable visitation rights to the maternaland/or paternal grandparents of any child of the parties. Such directionas it applies to rights of visitation with a child remanded or placed inthe care of a person, official, agency or institution pursuant toarticle Source: NYSenate.gov Open Legislation | Laws of New York Page 1 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 ten of the family court act, or pursuant to an instrumentapproved under section three hundred fifty-eight-a of the socialservices law, shall be enforceable pursuant to part eight of article tenof the family court act and sections three hundred fifty-eight-a andthree hundred eighty-four-a of the social services law and otherapplicable provisions of law against any person having care and custody,or temporary care and custody, of the child. Notwithstanding any otherprovision of law, any written application or motion to the court for theestablishment, modification or enforcement of a child support obligationfor persons not in receipt of public assistance and care must containeither a request for child support enforcement services which wouldauthorize the collection of the support obligation by the immediateissuance of an income execution for support enforcement as provided forby this chapter, completed in the manner specified in section onehundred eleven-g of the social services law; or a statement that theapplicant has applied for or is in receipt of such services; or astatement th pter, completed in the manner specified in section onehundred eleven-g of the social services law; or a statement that theapplicant has applied for or is in receipt of such services; or astatement that the applicant knows of the availability of such services,has declined them at this time and where support enforcement servicespursuant to section one hundred eleven-g of the social services law havebeen declined that the applicant understands that an income deductionorder may be issued pursuant to subdivision (c) of section fifty-twohundred forty-two of the civil practice law and rules without otherchild support enforcement services and that payment of an administrativefee may be required. The court shall provide a copy of any such requestfor child support enforcement services to the support collection unit ofthe appropriate social services district any time it directs payments tobe made to such support collection unit. Additionally, the copy of anysuch request shall be accompanied by the name, address and socialsecurity number of the parties; the date and place of the parties'marriage; the name and date of birth of the child or children; and thename and address of the employers and income payors of the party fromwhom child support is sought or from the party ordered to pay childsupport to the other party. Such direction may require the payment of asum or sums of money either directly to the custodial parent or to thirdpersons for goods or services furnished for such child, or for bothpayments to the custodial parent and to such third persons; provided,however, that unless the party seeking or receiving child support hasapplied for or is receiving such services, the court shall not directsuch payments to be made to the support collection unit, as establishedin section one hundred eleven-h of the social services law. Every orderdirecting the payment of support shall require that if either parentcurrently, or at any time in the future, has health insur edin section one hundred eleven-h of the social services law. Every orderdirecting the payment of support shall require that if either parentcurrently, or at any time in the future, has health insurance benefitsavailable that may be extended or obtained to cover the child, suchparent is required to exercise the option of additional coverage infavor of such child and execute and deliver to such person any forms,notices, documents or instruments necessary to assure timely payment ofany health insurance claims for such child.(a-1)(1) Permanent and initial temporary orders of custody orvisitation. Prior to the issuance of any permanent or initial temporaryorder of custody or visitation, the court shall conduct a review of thedecisions and reports listed in subparagraph three of this paragraph.(2) Successive temporary orders of custody or visitation. Prior to theissuance of any successive temporary order of custody or visitation, thecourt shall conduct a review of the decisions and reports listed insubparagraph three of this paragraph, unless such a review has beenconducted within ninety days prior to the issuance of such order.(3) Decisions and reports for review. The court shall conduct a reviewof the following:(i) related decisions in court proceedings initiated pursuant toarticle ten of the family court act, and all warrants issued under thefamily court act; and(ii) reports of the statewide computerized registry of orders ofprotection established and maintained pursuant to section two hundredtwenty-one-a of the executive law, and reports of the sex offenderregistry established and maintained pursuant to section one hundredsixty-eight-b of the correction law.(4) Notifying counsel and issuing orders. Upon consideration ofdecisions pursuant to article ten of the family court act, and registryreports and notifying counsel involved in the proceeding, or in theevent of a self-represented party, notifying such party of the resultsthereof, including any cou the family court act, and registryreports and notifying counsel involved in the proceeding, or in theevent of a self-represented party, notifying such party of the resultsthereof, including any court appointed attorney for children, the courtmay issue a temporary, successive temporary or final order of custody orvisitation.(5) Temporary emergency order. Notwithstanding any other provision ofthe law, upon emergency situations, including computer malfunctions, toserve the best interest of the child, the court may issue a temporaryemergency order for custody or visitation in the event that it is notpossible to timely review decisions and reports on registries asrequired pursuant to Source: NYSenate.gov Open Legislation | Laws of New York Page 2 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 subparagraph three of this paragraph.(6) After issuing a temporary emergency order. After issuing atemporary emergency order of custody or visitation, the court shallconduct reviews of the decisions and reports on registries as requiredpursuant to subparagraph three of this paragraph within twenty-fourhours of the issuance of such temporary emergency order. Should suchtwenty-four hour period fall on a day when court is not in session, thenthe required reviews shall take place the next day the court is insession. Upon reviewing decisions and reports the court shall notifyassociated counsel, self-represented parties and attorneys for childrenpursuant to subparagraph four of this paragraph and may issue temporaryor permanent custody or visitation orders.(7) Feasibility study. The commissioner of the office of children andfamily services, in conjunction with the office of court administration,is hereby authorized and directed to examine, study, evaluate and makerecommendations concerning the feasibility of the utilization ofcomputers in courts which are connected to the statewide centralregis reby authorized and directed to examine, study, evaluate and makerecommendations concerning the feasibility of the utilization ofcomputers in courts which are connected to the statewide centralregister of child abuse and maltreatment established and maintainedpursuant to section four hundred twenty-two of the social services law,as a means of providing courts with information regarding partiesrequesting orders of custody or visitation. Such commissioner shall makea preliminary report to the governor and the legislature of findings,conclusions and recommendations not later than January first, twothousand nine, and a final report of findings, conclusions andrecommendations not later than June first, two thousand nine, and shallsubmit with the reports such legislative proposals as are deemednecessary 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 ortemporarily assigned to military service, such that the parent's abilityto continue as a joint caretaker or the primary caretaker of a minorchild is materially affected by such military service, any orders issuedpursuant to this section, based on the fact that the parent isactivated, deployed or temporarily assigned to military service, whichwould materially affect or change a previous judgment or order regardingcustody of that parent's child or children as such judgment or orderexisted on the date the parent was activated, deployed, or temporarilyassigned to military service, shall be subject to review pursuant tosubparagraph three of this paragraph. Any relevant provisions of theService Member's Civil Relief Act shall apply to all proceedingsgoverned by this section.(2) During such period, the court may enter an order to modify custodyif there is clear and convincing evidence that the modification is inthe best interests of the child. An attorney for the child shall beappoin h period, the court may enter an order to modify custodyif there is clear and convincing evidence that the modification is inthe best interests of the child. An attorney for the child shall beappointed in all cases where a modification is sought during suchmilitary service. Such order shall be subject to review pursuant tosubparagraph three of this paragraph. When entering an order pursuant tothis section, the court shall consider and provide for, if feasible andif in the best interests of the child, contact between the militaryservice member and his or her child, including, but not limited to,electronic communication by e-mail, webcam, telephone, or otheravailable means. During the period of the parent's leave from militaryservice, the court shall consider the best interests of the child whenestablishing a parenting schedule, including visiting and other contact.For such purposes, a "leave from military service" shall be a period ofnot more than three months.(3) Unless the parties have otherwise stipulated or agreed, if anorder is issued pursuant to this paragraph, the return of the parentfrom active military service, deployment or temporary assignment shallbe considered a substantial change in circumstances. Upon the request ofeither parent, the court shall determine on the basis of the child'sbest interests whether the custody judgment or order previously ineffect should be modified.(4) This paragraph shall not apply to assignments to permanent dutystations or permanent changes of station.(a-3) Court ordered forensic evaluations involving child custody andvisitation. (1) The court may appoint a forensic evaluator on behalf ofthe court to evaluate and investigate the parties and a child orchildren in a proceeding involving child custody and visitation providedthat the child custody forensic evaluator is a psychologist, socialworker or psychiatrist who is licensed in the state of New York and hasreceived within the last two years, a certificati on providedthat the child custody forensic evaluator is a psychologist, socialworker or psychiatrist who is licensed in the state of New York and hasreceived within the last two years, a certification of completion forcompleting the training program pursuant to paragraph (o) of subdivisionthree of section five hundred seventy-five of the executive law.(2) Notwithstanding any provision of law to the contrary, noindividual shall be appointed by a court to conduct a forensicevaluation in a proceeding involving child custody and visitationpursuant to this paragraph unless such Source: NYSenate.gov Open Legislation | Laws of New York Page 3 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 individual has received withinthe last two years, a certification of completion for completing thetraining program pursuant to paragraph (o) of subdivision three ofsection five hundred seventy-five of the executive law.(3) A psychologist, social worker or psychiatrist authorized toconduct court ordered child custody forensic evaluations pursuant tothis section shall notify the court in which such individual requests tobe considered for such court ordered evaluations. Any psychologist,social worker or psychiatrist who no longer meets the requirements ofthis section in regards to completing within the last two years thetraining program pursuant to paragraph (o) of subdivision three ofsection five hundred seventy-five of the executive law shall beobligated to inform such courts within seventy-two hours ofnoncompliance so as to be removed from consideration for court orderedevaluations.(4) Upon appointment, the court shall require such child custodyforensic evaluator to show proof of certification for completing withinthe last two years the training program pursuant to paragraph (o) ofsubdivision three of section five hundred seventy-five of the executivelaw.(5) A court shall appoint a forensic eval pleting withinthe last two years the training program pursuant to paragraph (o) ofsubdivision three of section five hundred seventy-five of the executivelaw.(5) A court shall appoint a forensic evaluator who has completed thetraining program pursuant to paragraph (o) of subdivision three ofsection five hundred seventy-five of the executive law when the child isliving out-of-state and is farther than one hundred miles from the NewYork state border; provided, however, that such forensic custodyevaluation may be conducted remotely utilizing videoconferencingtechnology. The evaluator must take all steps reasonably available toprotect the confidentiality of the child's disclosures for anyevaluation conducted remotely utilizing videoconferencing technology, asneeded.(b) As used in this section, the following terms shall have thefollowing meanings:(1) "Health insurance benefits" means any medical, dental, optical andprescription drugs and health care services or other health carebenefits that may be provided for a dependent through an employer ororganization, including such employers or organizations which are selfinsured, or through other available health insurance or health carecoverage plans.(2) "Available health insurance benefits" means any health insurancebenefits that are reasonable in cost and that are reasonably accessibleto the person on whose behalf the petition is brought. Health insurancebenefits that are not reasonable in cost or whose services are notreasonably accessible to such person, shall be considered unavailable.(3) When the person on whose behalf the petition is brought is a childin accordance with paragraph (c) of this subdivision, health insurancebenefits shall be considered "reasonable in cost" if the cost of healthinsurance benefits does not exceed five percent of the combined parentalgross income. The cost of health insurance benefits shall refer to thecost of the premium and deductible attributable to adding the child o efits does not exceed five percent of the combined parentalgross income. The cost of health insurance benefits shall refer to thecost of the premium and deductible attributable to adding the child orchildren to existing coverage or the difference between such costs forself-only and family coverage. Provided, however, the presumption thatthe health insurance benefits are reasonable in cost may be rebuttedupon a finding that the cost is unjust or inappropriate which findingshall be based on the circumstances of the case, the cost andcomprehensiveness of the health insurance benefits for which the childor children may otherwise be eligible, and the best interests of thechild or children. In no instance shall health insurance benefits beconsidered "reasonable in cost" if a parent's share of the cost ofextending such coverage would reduce the income of that parent below theself-support reserve. Health insurance benefits are "reasonablyaccessible" if the child lives within the geographic area covered by theplan or lives within thirty minutes or thirty miles of travel time fromthe child's residence to the services covered by the health insurancebenefits or through benefits provided under a reciprocal agreement;provided, however, this presumption may be rebutted for good cause shownincluding, but not limited to, the special health needs of the child.The court shall set forth such finding and the reasons therefor in theorder of support.(c) When the person on whose behalf the petition is brought is achild, the court shall consider the availability of health insurancebenefits to all parties and shall take the following action to ensurethat health insurance benefits are provided for the benefit of thechild:(1) Where the child is presently covered by health insurance benefits,the court shall direct in the order of support that such coverage bemaintained, unless either parent requests the court to make a directionfor health insurance benefits coverage pursua ance benefits,the court shall direct in the order of support that such coverage bemaintained, unless either parent requests the court to make a directionfor health insurance benefits coverage pursuant to paragraph two of thissubdivision.(2) Where the child is not presently covered by health insurancebenefits, the court shall make a determination as follows:(i) If only one parent has available health insurance benefits, thecourt shall direct in the order of support that such parent providehealth insurance Source: NYSenate.gov Open Legislation | Laws of New York Page 4 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 benefits.(ii) If both parents have available health insurance benefits thecourt shall direct in the order of support that either parent or bothparents provide such health insurance. The court shall make suchdetermination based on the circumstances of the case, including, but notlimited to, the cost and comprehensiveness of the respective healthinsurance benefits and the best interests of the child.(iii) If neither parent has available health insurance benefits, thecourt shall direct in the order of support that the custodial parentapply for the state's child health insurance plan pursuant to titleone-A of article twenty-five of the public health law and the medicalassistance program established pursuant to title eleven of article fiveof the social services law. A direction issued under this subdivisionshall not limit or alter either parent's obligation to obtain healthinsurance benefits at such time as they become available, as requiredpursuant to paragraph (a) of this subdivision. Nothing in thissubdivision shall alter or limit the authority of the medical assistanceprogram to determine when it is considered cost effective to require acustodial parent to enroll a child in an available group healthinsurance plan pursuant to paragraphs (b) and (c) of subdivision o ogram to determine when it is considered cost effective to require acustodial parent to enroll a child in an available group healthinsurance plan pursuant to paragraphs (b) and (c) of subdivision one ofsection three hundred sixty-seven-a of the social services law.(d) The cost of providing health insurance benefits or benefits underthe state's child health insurance plan or the medical assistanceprogram, pursuant to paragraph (c) of this subdivision, shall be deemedcash medical support, and the court shall determine the obligation ofeither or both parents to contribute to the cost thereof pursuant tosubparagraph five of paragraph (c) of subdivision one-b of this section.(e) The court shall provide in the order of support that the legallyresponsible relative immediately notify the other party, or the otherparty and the support collection unit when the order is issued on behalfof a child in receipt of public assistance and care or in receipt ofservices pursuant to section one hundred eleven-g of the social serviceslaw, of any change in health insurance benefits, including anytermination 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 areavailable, the court shall provide in the order of support that thelegally responsible relative immediately enroll the eligible dependentsnamed in the order who are otherwise eligible for such benefits withoutregard to any seasonal enrollment restrictions. Such order shall furtherdirect the legally responsible relative to maintain such benefits aslong as they remain available to such relative. Such order shall furtherdirect the legally responsible relative to assign all insurancereimbursement payments for health care expenses incurred for his or hereligible dependents to the provider of such services or the partyactually having incurred and satisfied such expenses, as appropriate. sement payments for health care expenses incurred for his or hereligible dependents to the provider of such services or the partyactually having incurred and satisfied such expenses, as appropriate.(g) When the court issues an order of child support or combined childand spousal support on behalf of persons in receipt of public assistanceand care or in receipt of services pursuant to section one hundredeleven-g of the social services law, such order shall further directthat the provision of health care benefits shall be immediately enforcedpursuant to section fifty-two hundred forty-one of the civil practicelaw and rules.(h) When the court issues an order of child support or combined childand spousal support on behalf of persons other than those in receipt ofpublic assistance and care or in receipt of services pursuant to sectionone hundred eleven-g of the social services law, the court shall alsoissue a separate order which shall include the necessary direction toensure the order's characterization as a qualified medical child supportorder as defined by section six hundred nine of the employee retirementincome security act of 1974 (29 USC 1169). Such order shall: (i) clearlystate that it creates or recognizes the existence of the right of thenamed dependent to be enrolled and to receive benefits for which thelegally responsible relative is eligible under the available grouphealth plans, and shall clearly specify the name, social security numberand mailing address of the legally responsible relative, and of eachdependent to be covered by the order; (ii) provide a clear descriptionof the type of coverage to be provided by the group health plan to eachsuch dependent or the manner in which the type of coverage is to Source: NYSenate.gov Open Legislation | Laws of New York Page 5 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 bedetermined; and (iii) specify the period of time t Laws of New York Page 5 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 bedetermined; and (iii) specify the period of time to which the orderapplies. The court shall not require the group health plan to provideany type or form of benefit or option not otherwise provided under thegroup health plan except to the extent necessary to meet therequirements of a law relating to medical child support described insection one thousand three hundred and ninety-six g of title forty-twoof the United States code.(i) Upon a finding that a legally responsible relative wilfully failedto obtain health insurance benefits in violation of a court order, suchrelative will be presumptively liable for all health care expensesincurred on behalf of such dependents from the first date suchdependents were eligible to be enrolled to receive health insurancebenefits after the issuance of the order of support directing theacquisition of such coverage.(j) The order shall be effective as of the date of the applicationtherefor, and any retroactive amount of child support due shall besupport arrears/past due support and shall, except as provided forherein, be paid in one lump sum or periodic sums, as the court shalldirect, taking into account any amount of temporary support which hasbeen paid. In addition, such retroactive child support shall beenforceable in any manner provided by law including, but not limited to,an execution for support enforcement pursuant to subdivision (b) ofsection fifty-two hundred forty-one of the civil practice law and rules.When a child receiving support is a public assistance recipient, or theorder of support is being enforced or is to be enforced pursuant tosection one hundred eleven-g of the social services law, the court shallestablish the amount of retroactive child support and notify the partiesthat such amount shall be enforced by the support collection unitpursuant to an exe of the social services law, the court shallestablish the amount of retroactive child support and notify the partiesthat such amount shall be enforced by the support collection unitpursuant to an execution for support enforcement as provided for insubdivision (b) of section fifty-two hundred forty-one of the civilpractice law and rules, or in such periodic payments as would have beenauthorized had such an execution been issued. In such case, the courtsshall not direct the schedule of repayment of retroactive support. Wheresuch direction is for child support and paternity has been establishedby a voluntary acknowledgement of paternity as defined in sectionforty-one hundred thirty-five-b of the public health law, the courtshall inquire of the parties whether the acknowledgement has been dulyfiled, and unless satisfied that it has been so filed shall require theclerk of the court to file such acknowledgement with the appropriateregistrar within five business days. Such direction may be made in thefinal judgment in such action or proceeding, or by one or more ordersfrom time to time before or subsequent to final judgment, or by bothsuch order or orders and the final judgment. Such direction may be madenotwithstanding that the court for any reason whatsoever, other thanlack of jurisdiction, refuses to grant the relief requested in theaction or proceeding. Any order or judgment made as in this sectionprovided may combine in one lump sum any amount payable to the custodialparent under this section with any amount payable to such parent undersection two hundred thirty-six of this article. Upon the application ofeither parent, or of any other person or party having the care, custodyand control of such child pursuant to such judgment or order, after suchnotice to the other party, parties or persons having such care, custodyand control and given in such manner as the court shall direct, thecourt may annul or modify any such direction, whether made by order or the other party, parties or persons having such care, custodyand control and given in such manner as the court shall direct, thecourt may annul or modify any such direction, whether made by order orfinal judgment, or in case no such direction shall have been made in thefinal judgment may, with respect to any judgment of annulment ordeclaring the nullity of a void marriage rendered on or after Septemberfirst, nineteen hundred forty, or any judgment of separation or divorcewhenever rendered, amend the judgment by inserting such direction.Subject to the provisions of section two hundred forty-four of thisarticle, no such modification or annulment shall reduce or annul arrearsaccrued prior to the making of such application unless the defaultingparty shows good cause for failure to make application for relief fromthe judgment or order directing such payment prior to the accrual ofsuch arrears. Such modification may increase such child support nunc protunc as of the date of application based on newly discovered evidence.Any retroactive amount of child support due shall be supportarrears/past due support and shall be paid in one lump sum or periodicsums, as the court shall direct, taking into account any amount oftemporary child support which has been paid. In addition, suchretroactive child support shall be enforceable in any manner provided bylaw including, but not limited to, an execution for support enforcementpursuant to subdivision Source: NYSenate.gov Open Legislation | Laws of New York Page 6 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 (b) of section fifty-two hundred forty-one ofthe civil practice law and rules.1-a. In any proceeding brought pursuant to this section to determinethe custody or visitation of minors, a report made to the statewidecentral register of child abuse and maltreatment, pursuant to title sixof article six of the social services law, or a portion erminethe custody or visitation of minors, a report made to the statewidecentral register of child abuse and maltreatment, pursuant to title sixof article six of the social services law, or a portion thereof, whichis otherwise admissible as a business record pursuant to rule forty-fivehundred eighteen of the civil practice law and rules shall not beadmissible in evidence, notwithstanding such rule, unless aninvestigation of such report conducted pursuant to title six of articlesix of the social services law has determined that there is somecredible evidence of the alleged abuse or maltreatment and that thesubject of the report has been notified that the report is indicated. Inaddition, if such report has been reviewed by the state commissioner ofsocial services or his designee and has been determined to be unfounded,it shall not be admissible in evidence. If such report has been soreviewed and has been amended to delete any finding, each such deletedfinding shall not be admissible. If the state commissioner of socialservices or his designee has amended the report to add any new finding,each such new finding, together with any portion of the original reportnot deleted by the commissioner or his designee, shall be admissible ifit meets the other requirements of this subdivision and is otherwiseadmissible as a business record. If such a report, or portion thereof,is admissible in evidence but is uncorroborated, it shall not besufficient to make a fact finding of abuse or maltreatment in suchproceeding. Any other evidence tending to support the reliability ofsuch report shall be sufficient corroboration.1-b. (a) The court shall make its award for child support pursuant tothe provisions of this subdivision. The court may vary from the amountof the basic child support obligation determined pursuant to paragraph(c) of this subdivision only in accordance with paragraph (f) of thissubdivision.(b) For purposes of this subdivision, the following definitions s support obligation determined pursuant to paragraph(c) of this subdivision only in accordance with paragraph (f) of thissubdivision.(b) For purposes of this subdivision, the following definitions shallbe used:(1) "Basic child support obligation" shall mean the sum derived byadding the amounts determined by the application of subparagraphs twoand three of paragraph (c) of this subdivision except as increasedpursuant to subparagraphs four, five, six and seven of such paragraph.(2) "Child support" shall mean a sum to be paid pursuant to courtorder or decree by either or both parents or pursuant to a validagreement between the parties for care, maintenance and education of anyunemancipated 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 twochildren;(iii) twenty-nine percent of the combined parental income for threechildren;(iv) thirty-one percent of the combined parental income for fourchildren; and(v) no less than thirty-five percent of the combined parental incomefor five or more children.(4) "Combined parental income" shall mean the sum of the income ofboth parents.(5) "Income" shall mean, but shall not be limited to, the sum of theamounts determined by the application of clauses (i), (ii), (iii), (iv),(v) and (vi) of this subparagraph reduced by the amount determined bythe application of clause (vii) of this subparagraph:(i) gross (total) income as should have been or should be reported inthe most recent federal income tax return. If an individual fileshis/her federal income tax return as a married person filing jointly,such person shall be required to prepare a form, sworn to under penaltyof 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 r penaltyof 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 inconnection 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 compensationvoluntarily deferred and income received, if any, from the followingsources:(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,(H) annuity payments, and(I) alimony or maintenance actually paid or to be paid to a spouse whois a party to the instant action pursuant to an existing court order orcontained in the order to be entered by the court, or pursuant to avalidly executed written agreement, in which event the order oragreement shall provide for a specific adjustment, in Source: NYSenate.gov Open Legislation | Laws of New York Page 7 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 accordance withthis subdivision, in the amount of child support payable upon thetermination of alimony or maintenance to such spouse; provided, however,that the specific adjustment in the amount of child support is withoutprejudice to either party's right to seek a modification in accordancewith subparagraph two of paragraph b of subdivision nine of part B ofsection two hundred thirty-six of this article. In an action orproceeding to modify an order of child support, including an orderincorporating without merging an agreement, issued prior to theeffective date of this subclause, the provisions of this subclause shallnot, by themselves, constitute a substantial change of circumstancespursuant to paragraph b of subdivision nine of part B of section twohundred thirty-six of this article.( ns of this subclause shallnot, by themselves, constitute a substantial change of circumstancespursuant to paragraph b of subdivision nine of part B of section twohundred thirty-six of this article.(iv) at the discretion of the court, the court may attribute or imputeincome 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 thatare provided as part of compensation for employment to the extent thatsuch perquisites constitute expenditures for personal use, or whichexpenditures directly or indirectly 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;In determining the amount of income that may be attributed or imputed,the court shall consider the specific circumstances of the parent, tothe extent known, including such factors as the parent's assets,residence, employment and earning history, job skills, educationalattainment, literacy, age, health, criminal record and other employmentbarriers, record of seeking work, the local job market, the availabilityof employers willing to hire the parent, prevailing earnings level inthe local community, and other relevant background factors such as theage, number, needs, and care of the children covered by the childsupport order. Attribution or imputation of income shall be accompaniedby specific written findings identifying the basis or bases for suchdetermination utilizing factors required or permitted to be consideredpursuant to this clause;(v) an amount imputed as income based upon the parent's formerresources or income, if the court determines that a parent has reducedresources or income in order to reduce or avoid the parent's obligationfor child support; provided that incarceration shall not be consideredvoluntary unemployment;(vi) to the extent not alread educedresources or income in order to reduce or avoid the parent's obligationfor child support; provided that incarceration shall not be consideredvoluntary unemployment;(vi) to the extent not already included in gross income in clauses (i)and (ii) of this subparagraph, the following self-employment deductionsattributable to self-employment carried on by the taxpayer:(A) any depreciation deduction greater than depreciation calculated ona straight-line basis for the purpose of determining business income orinvestment credits, and(B) entertainment and travel allowances deducted from business incometo the extent said allowances reduce personal expenditures;(vii) the following shall be deducted from income prior to applyingthe provisions of paragraph (c) of this subdivision:(A) unreimbursed employee business expenses except to the extent saidexpenses reduce personal expenditures,(B) alimony or maintenance actually paid to a spouse not a party tothe instant action pursuant to court order or validly executed writtenagreement,(C) alimony or maintenance actually paid or to be paid to a spouse whois a party to the instant action pursuant to an existing court order orcontained in the order to be entered by the court, or pursuant to avalidly executed written agreement, in which event the order oragreement shall provide for a specific adjustment, in accordance withthis subdivision, in the amount of child support payable upon thetermination of alimony or maintenance to such spouse; provided, however,that the specific adjustment in the amount of child support is withoutprejudice to either party's right to seek a modification in accordancewith subparagraph two of paragraph b of subdivision nine of part B ofsection two hundred thirty-six of this article. In an action orproceeding to modify an order of child support, including an orderincorporating without merging an agreement, issued prior to theeffective date of this subclause, the provisions of this subclause s rproceeding to modify an order of child support, including an orderincorporating without merging an agreement, issued prior to theeffective date of this subclause, the provisions of this subclause shallnot, by themselves, constitute a substantial change of circumstancespursuant to paragraph b of subdivision nine of part B of section twohundred thirty-six of this article.(D) child support actually paid pursuant to court order or writtenagreement on behalf of any child for whom the parent has a legal duty ofsupport 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 Source: NYSenate.gov Open Legislation | Laws of New York Page 8 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 percentof the poverty income guidelines amount for a single person as reportedby the federal department of health and human services. For the calendaryear nineteen hundred eighty-nine, the self-support reserve shall beeight thousand sixty-five dollars. On March first of each year, theself-support reserve shall be revised to reflect the annual updating ofthe poverty income guidelines as reported by the federal department ofhealth and human services for a single person household.(c) The amount of the basic child support obligation shall bedetermined 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 theamount set forth in paragraph (b) of subdivision two of section onehundred eleven-i of the social services law by the appropriate childsupport percentage and such amount shall be prorated in the sameproportion as each parent's income is to th ision two of section onehundred eleven-i of the social services law by the appropriate childsupport percentage and such amount shall be prorated in the sameproportion as each parent's income is to the combined parental income.(3) Where the combined parental income exceeds the dollar amount setforth in subparagraph two of this paragraph, the court shall determinethe amount of child support for the amount of the combined parentalincome in excess of such dollar amount through consideration of thefactors set forth in paragraph (f) of this subdivision and/or the childsupport percentage.(4) Where the custodial parent is working, or receiving elementary orsecondary education, or higher education or vocational training whichthe court determines will lead to employment, and incurs child careexpenses as a result thereof, the court shall determine reasonable childcare expenses and such child care expenses, where incurred, shall beprorated in the same proportion as each parent's income is to thecombined parental income. Each parent's pro rata share of the child careexpenses shall be separately stated and added to the sum ofsubparagraphs two and three of this paragraph.(5) The court shall determine the parties' obligation to providehealth insurance benefits pursuant to this section and to pay cashmedical support as provided under this subparagraph.(i) "Cash medical support" means an amount ordered to be paid towardthe cost of health insurance provided by a public entity or by a parentthrough an employer or organization, including such employers ororganizations which are self insured, or through other available healthinsurance or health care coverage plans, and/or for other health careexpenses not covered by insurance.(ii) Where health insurance benefits pursuant to subparagraph one andclauses (i) and (ii) of subparagraph two of paragraph (c) of subdivisionone of this section are determined by the court to be available, thecost of providing health insurance o subparagraph one andclauses (i) and (ii) of subparagraph two of paragraph (c) of subdivisionone of this section are determined by the court to be available, thecost of providing health insurance benefits shall be prorated betweenthe parties in the same proportion as each parent's income is to thecombined parental income. If the custodial parent is ordered to providesuch benefits, the non-custodial parent's pro rata share of such costsshall be added to the basic support obligation. If the non-custodialparent is ordered to provide such benefits, the custodial parent's prorata share of such costs shall be deducted from the basic supportobligation.(iii) Where health insurance benefits pursuant to subparagraph one andclauses (i) and (ii) of subparagraph two of paragraph (c) of subdivisionone of this section are determined by the court to be unavailable, ifthe child or children are determined eligible for coverage under themedical assistance program established pursuant to title eleven ofarticle five of the social services law, the court shall order thenon-custodial parent to pay cash medical support as follows:(A) In the case of a child or children authorized for managed carecoverage under the medical assistance program, the lesser of the amountthat would be required as a family contribution under the state's childhealth insurance plan pursuant to title one-A of article twenty-five ofthe public health law for the child or children if they were in atwo-parent household with income equal to the combined income of thenon-custodial and custodial parents or the premium paid by the medicalassistance program on behalf of the child or children to the managedcare plan. The court shall separately state the non-custodial parent'smonthly obligation. The non-custodial parent's cash medical supportobligation under this clause shall not exceed five percent of his or hergross income, or the difference between the non-custodial parent'sincome and the self-support res parent's cash medical supportobligation under this clause shall not exceed five percent of his or hergross income, or the difference between the non-custodial parent'sincome and the self-support reserve, Source: NYSenate.gov Open Legislation | Laws of New York Page 9 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 whichever is less.(B) In the case of a child or children authorized for fee-for-servicecoverage under the medical assistance program other than a child orchildren described in item (A) of this clause, the court shall determinethe non-custodial parent's maximum annual cash medical supportobligation, which shall be equal to the lesser of the monthly amountthat would be required as a family contribution under the state's childhealth insurance plan pursuant to title one-A of article twenty-five ofthe public health law for the child or children if they were in atwo-parent household with income equal to the combined income of thenon-custodial and custodial parents times twelve months or the number ofmonths that the child or children are authorized for fee-for-servicecoverage during any year. The court shall separately state in the orderthe non-custodial parent's maximum annual cash medical supportobligation and, upon proof to the court that the non-custodial parent,after notice of the amount due, has failed to pay the public entity forincurred health care expenses, the court shall order the non-custodialparent to pay such incurred health care expenses up to the maximumannual cash medical support obligation. Such amounts shall be supportarrears/past due support and shall be subject to any remedies asprovided by law for the enforcement of support arrears/past due support.The total annual amount that the non-custodial parent is ordered to payunder this clause shall not exceed five percent of his or her grossincome or the difference between the non-custodial parent's income tal annual amount that the non-custodial parent is ordered to payunder this clause shall not exceed five percent of his or her grossincome or the difference between the non-custodial parent's income andthe self-support reserve, whichever is less.(C) The court shall order cash medical support to be paid by thenon-custodial parent for health care expenses of the child or childrenpaid by the medical assistance program prior to the issuance of thecourt's order. The amount of such support shall be calculated asprovided under item (A) or (B) of this clause, provided that the amountthat the non-custodial parent is ordered to pay under this item shallnot exceed five percent of his or her gross income or the differencebetween the non-custodial parent's income and the self-support reserve,whichever is less, for the year when the expense was incurred. Suchamounts shall be support arrears/past due support and shall be subjectto any remedies as provided by law for the enforcement of supportarrears/past due support.(iv) Where health insurance benefits pursuant to subparagraph one andclauses (i) and (ii) of subparagraph two of paragraph (c) of subdivisionone of this section are determined by the court to be unavailable, andthe child or children are determined eligible for coverage under thestate's child health insurance plan pursuant to title one-A of articletwenty-five of the public health law, the court shall prorate eachparent's share of the cost of the family contribution required undersuch child health insurance plan in the same proportion as each parent'sincome is to the combined parental income, and state the amount of thenon-custodial parent's share in the order. The total amount of cashmedical support that the non-custodial parent is ordered to pay underthis clause shall not exceed five percent of his or her gross income, orthe difference between the non-custodial parent's income and theself-support reserve, whichever is less.(v) In addition to the amo clause shall not exceed five percent of his or her gross income, orthe difference between the non-custodial parent's income and theself-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 healthcare expenses not reimbursed or paid by insurance, the medicalassistance program established pursuant to title eleven of article fiveof the social services law, or the state's child health insurance planpursuant 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 combinedparental income, and state the non-custodial parent's share as apercentage in the order. The non-custodial parent's pro rata share ofsuch health care expenses determined by the court to be due and owingshall be support arrears/past due support and shall be subject to anyremedies provided by law for the enforcement of support arrears/past duesupport. In addition, the court may direct that the non-custodialparent's pro rata share of such health care expenses be paid in one sumor in periodic sums, including direct payment to the health careprovider.(vi) Upon proof by either party that cash medical support pursuant toclause (ii), (iii), (iv), or (v) of this subparagraph would be unjust orinappropriate pursuant to paragraph (f) of this subdivision, the courtshall:(A) order the parties to pay cash medical support as the court findsjust and appropriate, considering the best interests of the child; and(B) set forth in the order the factors it considered, the Source: NYSenate.gov Open Legislation | Laws of New York Page 10 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 amountcalculated under this subparagraph, the reason or reasons the court didnot order such amount, and the basis for the amount awarded.(6) Where the court determines that the c of protection. 1 amountcalculated under this subparagraph, the reason or reasons the court didnot order such amount, and the basis for the amount awarded.(6) Where the court determines that the custodial parent is seekingwork and incurs child care expenses as a result thereof, the court maydetermine reasonable child care expenses and may apportion the samebetween the custodial and non-custodial parent. The non-custodialparent's share of such expenses shall be separately stated and paid in amanner determined by the court.(7) Where the court determines, having regard for the circumstances ofthe case and of the respective parties and in the best interests of thechild, and as justice requires, that the present or future provision ofpost-secondary, private, special, or enriched education for the child isappropriate, the court may award educational expenses. The non-custodialparent shall pay educational expenses, as awarded, in a mannerdetermined by the court, including direct payment to the educationalprovider.(d) Notwithstanding the provisions of paragraph (c) of thissubdivision, where the annual amount of the basic child supportobligation would reduce the non-custodial parent's income below thepoverty income guidelines amount for a single person as reported by thefederal department of health and human services, the basic child supportobligation shall be twenty-five dollars per month, provided, however,that if the court finds that such basic child support obligation isunjust or inappropriate, which finding shall be based uponconsiderations of the factors set forth in paragraph (f) of thissubdivision, the court shall order the non-custodial parent to pay suchamount 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 wouldreduce the non-custodial parent's income below the self-support reservebut not below the pove of paragraph (c) of this subdivision,where the annual amount of the basic child support obligation wouldreduce the non-custodial parent's income below the self-support reservebut not below the poverty income guidelines amount for a single personas reported by the federal department of health and human services, thebasic child support obligation shall be fifty dollars per month or thedifference between the non-custodial parent's income and theself-support reserve, whichever is greater, in addition to any amountsthat the court may, in its discretion, order in accordance withsubparagraphs four, five, six and/or seven of paragraph (c) of thissubdivision.(e) Where a parent is or may be entitled to receive non-recurringpayments from extraordinary sources not otherwise considered as incomepursuant 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 thissubdivision may allocate a proportion of the same to child support, andsuch amount shall be paid in a manner determined by the court.(f) The court shall calculate the basic child support obligation, andthe non-custodial parent's pro rata share of the basic child supportobligation. Unless the court finds that the non-custodial parents'spro-rata share of the basic child support obligation is unjust orinappropriate, which finding shall be based upon consideration of thefollowing 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 specialneeds and aptitudes;(3) The standard of living the child would have enjoyed had themarriage or household not been dissolved;(4) The tax consequences to the parties;(5) The non-monetary contributions that the parents will make towardthe care and well-be ld would have enjoyed had themarriage or household not been dissolved;(4) The tax consequences to the parties;(5) The non-monetary contributions that the parents will make towardthe care and well-being of the child;(6) The educational needs of either parent;(7) A determination that the gross income of one parent issubstantially less than the other parent's gross income;(8) The needs of the children of the non-custodial parent for whom thenon-custodial parent is providing support who are not subject to theinstant action and whose support has not been deducted from incomepursuant to subclause (D) of clause (vii) of subparagraph five ofparagraph (b) of this subdivision, and the financial resources of anyperson obligated to support such children, provided, however, that thisfactor may apply only if the resources available to support suchchildren are less than the Source: NYSenate.gov Open Legislation | Laws of New York Page 11 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 resources available to support the childrenwho 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 inexercising visitation, or (ii) expenses incurred by the non-custodialparent in extended visitation provided that the custodial parent'sexpenses 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 prorata share of the basic child support obligation, and may order thenon-custodial parent to pay an amount pursuant to paragraph (e) of thissubdivision.(g) Where the court finds that the non-custodial parent's pro ratashare of the basic child support obligation is unjust or inappropriate,the court shall order the non-custodial parent to pay such amount ofchild support as the court find -custodial parent's pro ratashare of the basic child support obligation is unjust or inappropriate,the court shall order the non-custodial parent to pay such amount ofchild support as the court finds just and appropriate, and the courtshall set forth, in a written order, the factors it considered; theamount of each party's pro rata share of the basic child supportobligation; and the reasons that the court did not order the basic childsupport obligation. Such written order may not be waived by either partyor counsel; provided, however, and notwithstanding any other provisionof law, the court shall not find that the non-custodial parent's prorata share of such obligation is unjust or inappropriate on the basisthat such share exceeds the portion of a public assistance grant whichis attributable to a child or children. Where the non-custodial parent'sincome is less than or equal to the poverty income guidelines amount fora single person as reported by the federal department of health andhuman services, unpaid child support arrears in excess of five hundreddollars shall not accrue.(h) A validly executed agreement or stipulation voluntarily enteredinto between the parties after the effective date of this subdivisionpresented to the court for incorporation in an order or judgment shallinclude a provision stating that the parties have been advised of theprovisions of this subdivision, and that the basic child supportobligation provided for therein would presumptively result in thecorrect amount of child support to be awarded. In the event that suchagreement or stipulation deviates from the basic child supportobligation, the agreement or stipulation must specify the amount thatsuch basic child support obligation would have been and the reason orreasons that such agreement or stipulation does not provide for paymentof that amount. Such provision may not be waived by either party orcounsel. Nothing contained in this subdivision shall be construed toalter the agreement or stipulation does not provide for paymentof that amount. Such provision may not be waived by either party orcounsel. Nothing contained in this subdivision shall be construed toalter the rights of the parties to voluntarily enter into validlyexecuted agreements or stipulations which deviate from the basic childsupport obligation provided such agreements or stipulations comply withthe provisions of this paragraph. The court shall, however, retaindiscretion with respect to child support pursuant to this section. Anycourt order or judgment incorporating a validly executed agreement orstipulation which deviates from the basic child support obligation shallset forth the court's reasons for such deviation.(i) Where either or both parties are unrepresented, the court shallnot enter an order or judgment other than a temporary order pursuant tosection two hundred thirty-seven of this article, that includes aprovision for child support unless the unrepresented party or partieshave received a copy of the child support standards chart promulgated bythe commissioner of the office of temporary and disability assistancepursuant to subdivision two of section one hundred eleven-i of thesocial services law. Where either party is in receipt of child supportenforcement services through the local social services district, thelocal social services district child support enforcement unit shalladvise such party of the amount derived from application of the childsupport percentage and that such amount serves as a starting point forthe determination of the child support award, and shall provide suchparty with a copy of the child support standards chart.(j) In addition to financial disclosure required in section twohundred thirty-six of this article, the court may require that theincome and/or expenses of either party be verified with documentationincluding, but not limited to, past and present income tax returns,employer statements, pay stubs, corporate, business re that theincome and/or expenses of either party be verified with documentationincluding, but not limited to, past and present income tax returns,employer statements, pay stubs, corporate, business, or partnershipbooks and records, corporate and business tax returns, and receipts forexpenses or such other means of verification as the court determinesappropriate. Nothing herein shall affect any party's right to pursuediscovery pursuant to this chapter, the civil practice law and rules, orthe family court act.(k) When a party has defaulted and/or the court is otherwise presentedwith insufficient evidence to determine gross income, the supportobligation shall be based on available information about the specificcircumstances of the parent, in accordance with clause (iv) Source: NYSenate.gov Open Legislation | Laws of New York Page 12 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 ofsubparagraph five of paragraph (b) of this subdivision. Such order maybe retroactively modified upward, without a showing of change incircumstances.(l) In any action or proceeding for modification of an order of childsupport existing prior to the effective date of this paragraph, broughtpursuant to this article, the child support standards set forth in thissubdivision shall not constitute a change of circumstances warrantingmodification of such support order; provided, however, that (1) wherethe circumstances warrant modification of such order, or (2) where anyparty objects to an adjusted child support order made or proposed at thedirection of the support collection unit pursuant to section one hundredeleven-h or one hundred eleven-n of the social services law, and thecourt is reviewing the current order of child support, such standardsshall be applied by the court in its determination with regard to therequest for modification, or disposition of an objection to an adjustedchild support order mad er of child support, such standardsshall be applied by the court in its determination with regard to therequest for modification, or disposition of an objection to an adjustedchild support order made or proposed by a support collection unit. Inapplying such standards, when the order to be modified incorporates byreference or merges with a validly executed separation agreement orstipulation of settlement, the court may consider, in addition to thefactors set forth in paragraph (f) of this subdivision, the provisionsof such agreement or stipulation concerning property distribution,distributive award and/or maintenance in determining whether the amountcalculated by using the standards would be unjust or inappropriate.1-c. (a) Notwithstanding any other provision of this chapter to thecontrary, no court shall make an order providing for visitation orcustody to a person who has been convicted of murder in the first orsecond degree in this state, or convicted of an offense in anotherjurisdiction which, if committed in this state, would constitute eithermurder in the first or second degree, of a parent, legal custodian,legal guardian, sibling, half-sibling or step-sibling of any child whois the subject of the proceeding. Pending determination of a petitionfor visitation or custody, such child shall not visit and no personshall visit with such child present, such person who has been convictedof murder in the first or second degree in this state, or convicted ofand offense in another jurisdiction which, if committed in this state,would constitute either murder in the first or second degree, of aparent, legal custodian, legal guardian, sibling, half-sibling orstep-sibling of a child who is the subject of the proceeding without theconsent of such child's custodian or legal guardian.(b) Notwithstanding any other provision of this chapter to thecontrary, there shall be a rebuttable presumption that it is not in thebest interests of the child to:(A) be placed in or legal guardian.(b) Notwithstanding any other provision of this chapter to thecontrary, there shall be a rebuttable presumption that it is not in thebest interests of the child to:(A) be placed in the custody of or to visit with a person who has beenconvicted of one or more of the following sexual offenses in this stateor convicted of one or more offenses in another jurisdiction which, ifcommitted in this state, would constitute one or more of the followingoffenses, when a child who is the subject of the proceeding wasconceived as a result:(1) rape in the first or second degree;(2) course of sexual conduct against a child in the first degree;(3) predatory sexual assault; or(4) predatory sexual assault against a child; or(B) be placed in the custody of or have unsupervised visits with aperson who has been convicted of a felony sex offense, as defined insection 70.80 of the penal law, or convicted of an offense in anotherjurisdiction which, if committed in this state, would constitute such afelony sex offense, where the victim of such offense was the child whois the subject of the proceeding.(c) Notwithstanding paragraph (a) or (b) of this subdivision a courtmay order visitation or custody where:(i) (A) such child is of suitable age to signify assent and such childassents to such visitation or custody; or(B) if such child is not of suitable age to signify assent, thechild's custodian or legal guardian assents to such order; or(C) the person who has been convicted of murder in the first or seconddegree, or an offense in another jurisdiction which if committed in thisstate, would constitute either murder in the first or second degree, canprove by a preponderance of the evidence that:(1) he or she, or a family or household member of either party, was avictim of domestic violence by the victim of such murder; and(2) the domestic violence was causally related to the commission ofsuch murder;(ii) Source: NYSenate.gov Open Legislation | Laws of New Yor im of domestic violence by the victim of such murder; and(2) the domestic violence was causally related to the commission ofsuch murder;(ii) Source: NYSenate.gov Open Legislation | Laws of New York Page 13 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 and the court finds that such visitation or custody is in thebest 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 courtshall not be bound by the findings of fact, conclusions of law orultimate conclusion as determined by the proceedings leading to theconviction of murder in the first or second degree in this state or ofan offense in another jurisdiction which, if committed in this state,would constitute murder in either the first or second degree, of aparent, legal guardian, legal custodian, sibling, half-sibling orstep-sibling of a child who is the subject of the proceeding. In allproceedings under this section, an attorney shall be appointed for thechild.2. (a) An order directing payment of money for child support shall beenforceable pursuant to section fifty-two hundred forty-one or fifty-twohundred forty-two of the civil practice law and rules or in any othermanner provided by law. Such orders or judgments for child support andmaintenance shall also be enforceable pursuant to article fifty-two ofthe civil practice law and rules upon a debtor's default as such term isdefined in paragraph seven of subdivision (a) of section fifty-twohundred forty-one of the civil practice law and rules. The establishmentof a default shall be subject to the procedures established for thedetermination of a mistake of fact for income executions pursuant tosubdivision (e) of section fifty-two hundred forty-one of the civilpractice law and rules. For the purposes of enforcement of child supportorders or combined spousal and child support s pursuant tosubdivision (e) of section fifty-two hundred forty-one of the civilpractice law and rules. For the purposes of enforcement of child supportorders or combined spousal and child support orders pursuant to sectionfive thousand two hundred forty-one of the civil practice law and rules,a "default" shall be deemed to include amounts arising from retroactivesupport.b. (1) When a child receiving support is a public assistancerecipient, or the order of support is being enforced or is to beenforced pursuant to section one hundred eleven-g of the social serviceslaw, the court shall direct that the child support payments be made tothe support collection unit. Unless (i) the court finds and sets forthin writing the reasons that there is good cause not to require immediateincome withholding; or (ii) when the child is not in receipt of publicassistance, a written agreement providing for an alternative arrangementhas been reached between the parties, the support collection unit shallissue an income execution immediately for child support or combinedmaintenance and child support, and may issue an execution for medicalsupport enforcement in accordance with the provisions of the order ofsupport. Such written agreement may include an oral stipulation made onthe record resulting in a written order. For purposes of this paragraph,good cause shall mean substantial harm to the debtor. The absence of anarrearage or the mere issuance of an income execution shall notconstitute good cause. When an immediate income execution or anexecution for medical support enforcement is issued by the supportcollection unit, such income execution shall be issued pursuant tosection five thousand two hundred forty-one of the civil practice lawand rules, except that the provisions thereof relating to mistake offact, default and any other provisions which are not relevant to theissuance of an income execution pursuant to this paragraph shall notapply; provided, however, that if thereof relating to mistake offact, default and any other provisions which are not relevant to theissuance of an income execution pursuant to this paragraph shall notapply; provided, however, that if the support collection unit makes anerror in the issuance of an income execution pursuant to this paragraph,and such error is to the detriment of the debtor, the support collectionunit shall have thirty days after notification by the debtor to correctthe error. Where permitted under federal law and where the record of theproceedings contains such information, such order shall include on itsface the social security number and the name and address of theemployer, if any, of the person chargeable with support; provided,however, that failure to comply with this requirement shall notinvalidate such order. When the court determines that there is goodcause not to immediately issue an income execution or when the partiesagree to an alternative arrangement as provided in this paragraph, thecourt shall provide expressly in the order of support that the supportcollection unit shall not issue an immediate income execution.Notwithstanding any such order, the support collection unit shall issuean Source: NYSenate.gov Open Legislation | Laws of New York Page 14 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 income execution for support enforcement when the debtor defaults onthe support obligation, as defined in section five thousand two hundredforty-one of the civil practice law and rules.(2) When the court issues an order of child support or combined childand spousal support on behalf of persons other than those in receipt ofpublic assistance or in receipt of services pursuant to section onehundred eleven-g of the social services law, the court shall issue anincome deduction order pursuant to subdivision (c) of section fivethousand two hundred forty-two of the civil practice law and rules at d eleven-g of the social services law, the court shall issue anincome deduction order pursuant to subdivision (c) of section fivethousand two hundred forty-two of the civil practice law and rules atthe same time it issues the order of support. The court shall enter theincome deduction order unless the court finds and sets forth in writing(i) the reasons that there is good cause not to require immediate incomewithholding; or (ii) that an agreement providing for an alternativearrangement has been reached between the parties. Such agreement mayinclude a written agreement or an oral stipulation, made on the record,that results in a written order. For purposes of this paragraph, goodcause shall mean substantial harm to the debtor. The absence of anarrearage or the mere issuance of an income deduction order shall notconstitute good cause. Where permitted under federal law and where therecord of the proceedings contains such information, such order shallinclude on its face the social security number and the name and addressof the employer, if any, of the person chargeable with support;provided, however, that failure to comply with this requirement shallnot invalidate the order. When the court determines that there is goodcause not to issue an income deduction order immediately or when theparties agree to an alternative arrangement as provided in thisparagraph, the court shall provide expressly in the order of support thebasis for its decision and shall not issue an income deduction order.c. Any order of support issued on behalf of a child in receipt offamily assistance or child support enforcement services pursuant tosection one hundred eleven-g of the social services law shall be subjectto review and adjustment by the support collection unit pursuant tosection one hundred eleven-n of the social services law. Such review andadjustment shall be in addition to any other activities undertaken bythe support collection unit relating to the establishment, modi n one hundred eleven-n of the social services law. Such review andadjustment shall be in addition to any other activities undertaken bythe 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 protectionin assistance or as a condition of any other order made under thissection. The order of protection may set forth reasonable conditions ofbehavior to be observed for a specified time by any party. Such an ordermay require any party:(1) to stay away from the home, school, business or place ofemployment of the child, other parent or any other party, and to stayaway from any other specific location designated by the court;(2) to permit a parent, or a person entitled to visitation by a courtorder or a separation agreement, to visit the child at stated periods;(3) to refrain from committing a family offense, as defined insubdivision one of section 530.11 of the criminal procedure law, or anycriminal offense against the child or against the other parent oragainst any person to whom custody of the child is awarded or fromharassing, intimidating or threatening such persons;(4) to permit a designated party to enter the residence during aspecified period of time in order to remove personal belongings not inissue in a proceeding or action under this chapter or the family courtact;(5) to refrain from acts of commission or omission that create anunreasonable risk to the health, safety or welfare of a child;(6) to pay the reasonable counsel fees and disbursements involved inobtaining or enforcing the order of the person who is protected by suchorder if such order is issued or enforced;(7) to refrain from intentionally injuring or killing, withoutjustification, any companion animal the respondent knows to be owned,possessed, leased, kept or held by the person protected by the order ora minor child residing in such person's household. "Comp tjustification, any companion animal the respondent knows to be owned,possessed, leased, kept or held by the person protected by the order ora minor child residing in such person's household. "Companion animal,"as used in this section, shall have the same meaning as in subdivisionfive of section three hundred fifty of the agriculture and markets law;(8) (i) to promptly return specified identification documents to theprotected party, in whose favor the order of protection or temporaryorder of protection is issued; provided, however, that such order may:(A) include any appropriate provision designed to ensure that any suchdocument is available for use as evidence in this proceeding, andavailable if necessary for legitimate use by the party against whom suchorder is issued; and (B) specify the manner in which such return shallbe accomplished.(ii) For purposes of this subparagraph, "identification document"shall mean any of the following: (A) exclusively in the name of theprotected party: birth Source: NYSenate.gov Open Legislation | Laws of New York Page 15 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 certificate, passport, social security card,health insurance or other benefits card, a card or document used toaccess bank, credit or other financial accounts or records, tax returns,any driver's license, and immigration documents including but notlimited to a United States permanent resident card and employmentauthorization document; and (B) upon motion and after notice and anopportunity to be heard, any of the following, including those that mayreflect joint use or ownership, that the court determines are necessaryand are appropriately transferred to the protected party: any card ordocument used to access bank, credit or other financial accounts orrecords, tax returns, and any other identifying cards and documents;(9) (i) to refrain from remotely controlling any connect card ordocument used to access bank, credit or other financial accounts orrecords, tax returns, and any other identifying cards and documents;(9) (i) to refrain from remotely controlling any connected devicesaffecting the home, vehicle or property of the person protected by theorder.(ii) For purposes of this subparagraph, "connected device" shall meanany device, or other physical object that is capable of connecting tothe internet, directly or indirectly, and that is assigned an internetprotocol address or bluetooth address; and(10) to observe such other conditions as are necessary to further thepurposes of protection.a-1. Translation and interpretation of orders of protection. Theoffice of court administration shall, in accordance with paragraph (t)of subdivision two of section two hundred twelve of the judiciary law,ensure that a court order of protection and temporary order ofprotection is translated in writing into the appropriate language for aparty to a proceeding where the court has appointed an interpreter. Theoffice of court administration shall ensure that the standard languageof the office of court administration order of protection and temporaryorder of protection forms shall be translated in writing in thelanguages most frequently used in the courts of each judicial departmentin accordance with paragraph (t) of subdivision two of section twohundred twelve of the judiciary law. A copy of the written translationshall be given to each party in the proceeding, along with the originalorder or temporary order of protection issued in English. A copy of thiswritten translation shall also be included as part of the record of theproceeding. The court shall read the essential terms and conditions ofthe order aloud on the record and direct the court appointed interpreterto interpret the same terms and conditions. Such written translation orinterpretation shall not affect the validity or enforceability of theorder. In every case a party to a proc ppointed interpreterto interpret the same terms and conditions. Such written translation orinterpretation shall not affect the validity or enforceability of theorder. In every case a party to a proceeding shall be provided with anEnglish copy of any court order of protection or temporary order ofprotection issued. The authority provided herein shall be in addition toand shall not be deemed to diminish or reduce any rights of the partiesunder existing law.b. An order of protection entered pursuant to this subdivision shallbear in a conspicuous manner, on the front page of said order, thelanguage "Order of protection issued pursuant to section two hundredforty of the domestic relations law". The order of protection shall alsocontain the following notice: "This order of protection will remain ineffect even if the protected party has, or consents to have, contact orcommunication with the party against whom the order is issued. Thisorder of protection can only be modified or terminated by the court. Theprotected party cannot be held to violate this order nor be arrested forviolating this order.". The absence of such language shall not affectthe validity of such order. The presentation of a copy of such an orderto any peace officer acting pursuant to his or her special duties, orpolice officer, shall constitute authority, for that officer to arrest aperson when that person has violated the terms of such an order, andbring such person before the court and, otherwise, so far as lies withinthe officer's power, to aid in securing the protection such order wasintended to afford.c. An order of protection entered pursuant to this subdivision may bemade in the final judgment in any matrimonial action or in a proceedingto obtain custody of or visitation with any child under this section, orby one or more orders from time to time before or subsequent to finaljudgment, or by both such order or orders and the final judgment. Theorder of protection may remain in ild under this section, orby one or more orders from time to time before or subsequent to finaljudgment, or by both such order or orders and the final judgment. Theorder of protection may remain in effect after entry of a finalmatrimonial judgment and during the minority of any child whose custodyor visitation is the subject of a provision of a final judgment or anyorder. An order of protection may be entered notwithstanding that thecourt 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 appropriateuniform temporary orders of protection and orders of protection forms,applicable to proceedings under this article, to be used throughout thestate. Such forms shall be promulgated and developed in a manner toensure the compatibility of such forms with the statewide computerizedregistry established pursuant to section two hundred twenty-one-a of theexecutive law.e. No order Source: NYSenate.gov Open Legislation | Laws of New York Page 16 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 of protection may direct any party to observe conditionsof behavior unless: (i) the party requesting the order of protection hasserved and filed an action, proceeding, counter-claim or written motionand, (ii) the court has made a finding on the record that such party isentitled to issuance of the order of protection which may result from ajudicial finding of fact, judicial acceptance of an admission by theparty against whom the order was issued or judicial finding that theparty against whom the order is issued has given knowing, intelligentand voluntary consent to its issuance. The provisions of thissubdivision shall not preclude the court from issuing a temporary orderof protection upon the court's own motion or where a motion for suchrelief is made to the court, for g e. The provisions of thissubdivision shall not preclude the court from issuing a temporary orderof protection upon the court's own motion or where a motion for suchrelief is made to the court, for good cause shown. In any proceedingpursuant to this article, a court shall not deny an order of protection,or dismiss an application for such an order, solely on the basis thatthe acts or events alleged are not relatively contemporaneous with thedate of the application or the conclusion of the action. The duration ofany temporary order shall not by itself be a factor in determining thelength or issuance of any final order.f. In addition to the foregoing provisions, the court may issue anorder, pursuant to section two hundred twenty-seven-c of the realproperty law, authorizing the party for whose benefit any order ofprotection has been issued to terminate a lease or rental agreementpursuant to section two hundred twenty-seven-c of the real property law.g. Any party moving for a temporary order of protection pursuant tothis subdivision during hours when the court is open shall be entitledto file such motion or pleading containing such prayer for emergencyrelief on the same day that such person first appears at such court, anda hearing on the motion or portion of the pleading requesting suchemergency relief shall be held on the same day or the next day that thecourt is in session following the filing of such motion or pleading.h. Upon issuance of an order of protection or temporary order ofprotection or upon a violation of such order, the court shall make adetermination regarding the suspension and revocation of a license tocarry, possess, repair or dispose of a firearm or firearms,ineligibility for such a license and the surrender of firearms inaccordance with sections eight hundred forty-two-a and eight hundredforty-six-a of the family court act, as applicable. Upon issuance of anorder of protection pursuant to this section or upon a finding of aviolation ctions eight hundred forty-two-a and eight hundredforty-six-a of the family court act, as applicable. Upon issuance of anorder of protection pursuant to this section or upon a finding of aviolation thereof, the court also may direct payment of restitution inan amount not to exceed ten thousand dollars in accordance withsubdivision (e) of section eight hundred forty-one of such act;provided, however, that in no case shall an order of restitution beissued where the court determines that the party against whom the orderwould be issued has already compensated the injured party or where suchcompensation is incorporated in a final judgment or settlement of theaction.i. The protected party in whose favor the order of protection ortemporary order of protection is issued may not be held to violate suchan order nor may such protected party be arrested for violating suchorder.* 3-a. Service of order of protection. a. If a temporary order ofprotection has been issued or an order of protection has been issuedupon a default, unless the party requesting the order states on therecord that she or he will arrange for other means for service ordeliver the order to a peace or police officer directly for service, thecourt shall immediately deliver a copy of the temporary order ofprotection or order of protection to a peace officer, acting pursuant tohis or her special duties and designated by the court, or to a policeofficer as defined in paragraph (b) or (d) of subdivision thirty-four ofsection 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 ofNew York. Any peace or police officer or designated person receiving atemporary order of protection or an order of protection as providedhereunder shall serve or provide for the service thereof together withany associated papers that may be served simultaneously, at any addressdesignated therewith, including the summons and petition or complaint hall serve or provide for the service thereof together withany associated papers that may be served simultaneously, at any addressdesignated therewith, including the summons and petition or complaint ifnot previously served. Service of such temporary order of protection ororder of protection and associated papers shall, insofar as practicable,be achieved promptly. An officer or designated person obliged to performservice pursuant to this subdivision, and his or her employer, shall notbe liable for damages resulting from failure to achieve service where,having made a reasonable effort, such officer or designated person isunable to locate and serve the temporary order of protection or order ofprotection at any address provided by the party Source: NYSenate.gov Open Legislation | Laws of New York Page 17 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 requesting the order. Astatement subscribed by the officer or designated person, and affirmedby him or her to be true under the penalties of perjury, stating thepapers served, the date, time, address or in the event there is noaddress, place, and manner of service, the name and a brief physicaldescription of the party served, shall be proof of service of thesummons, petition and temporary order of protection or order ofprotection. When the temporary order of protection or order ofprotection and other papers, if any, have been served, such officer ordesignated person shall provide the court with an affirmation,certificate or affidavit of service and shall provide notification ofthe date and time of such service to the statewide computer registryestablished pursuant to section two hundred twenty-one-a of theexecutive law.b. Notwithstanding any other provision of law, all orders ofprotection and temporary orders of protection filed and entered alongwith any associated papers that may be served simultaneously may betransmitted by facs g any other provision of law, all orders ofprotection and temporary orders of protection filed and entered alongwith any associated papers that may be served simultaneously may betransmitted by facsimile transmission or electronic means for expeditedservice in accordance with the provisions of this subdivision. Forpurposes of this subdivision, "facsimile transmission" and "electronicmeans" shall be as defined in subdivision (f) of rule twenty-one hundredthree 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 ofprotection has been issued or an order of protection has been issuedupon a default, unless the party requesting the order states on therecord that she or he will arrange for other means for service ordeliver the order to a peace or police officer directly for service, thecourt shall immediately deliver a copy of the temporary order ofprotection or order of protection together with any associated papersthat may be served simultaneously including the summons and petition, toa peace officer, acting pursuant to his or her special duties anddesignated 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 criminalprocedure law, or, in the city of New York, to a designatedrepresentative of the police department of the city of New York. Anypeace or police officer or designated person receiving a temporary orderof protection or an order of protection as provided in this sectionshall serve or provide for the service thereof together with anyassociated papers that may be served simultaneously, at any addressdesignated therewith, including the summons and petition or complaint ifnot previously served. Service of such temporary order of protection ororder of protection and associated papers shall, insofar as practicable,be achieved promptly. An officer or designated person obliged to perfor served. Service of such temporary order of protection ororder of protection and associated papers shall, insofar as practicable,be achieved promptly. An officer or designated person obliged to performservice pursuant to this subdivision, and his or her employer, shall notbe liable for damages resulting from failure to achieve service where,having made a reasonable effort, such officer or designated person isunable to locate and serve the temporary order of protection or order ofprotection at any address provided by the party requesting the order.(b) When the temporary order of protection or order of protection andassociated papers, if any, have been served, such officer or designatedperson shall provide the court with an affirmation, certificate oraffidavit of service when the temporary order of protection or order ofprotection has been served, and shall provide notification of the dateand time of such service to the statewide computer registry establishedpursuant to section two hundred twenty-one-a of the executive law. Astatement subscribed by the officer or designated person, and affirmedby him or her to be true under the penalties of perjury, stating thepapers served, the date, time, address or in the event there is noaddress, place, and manner of service, the name and a brief physicaldescription of the party served, shall be proof of service of thesummons, petition and temporary order of protection or order ofprotection.(c) Where an officer or designated person obliged to perform servicepursuant to this section is unable to complete service of the temporaryorder of protection or order of protection, such officer or designatedperson shall provide the court with proof of attempted service of thetemporary order of protection or order of protection with informationregarding the dates, times, locations and manner of attempted service.An affirmation, certificate or affidavit of service with a statementsubscribed by the officer or designated person, informationregarding the dates, times, locations and manner of attempted service.An affirmation, certificate or affidavit of service with a statementsubscribed by the officer or designated person, and affirmed by him orher to be true under the penalties of perjury, stating the name of theparty and the papers attempted to be served on said person, and for eachattempted service, the date, time, address or in the event there is noaddress, place, and manner of attempted service, shall be proof ofattempted service.(d) Any Source: NYSenate.gov Open Legislation | Laws of New York Page 18 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 peace or police officer or designated person performingservice under this subdivision shall not charge a fee for such service,including, but not limited to, fees as provided under section eightthousand eleven of the civil practice law and rules.* NB Separately amended cannot be put together3-b. Emergency powers; local criminal court. If the court that issuedan order of protection or temporary order of protection under thissection or warrant in connection thereto is not in session when anarrest is made for an alleged violation of the order or upon a warrantissued in connection with such violation, the arrested person shall bebrought before a local criminal court in the county of arrest or in thecounty in which such warrant is returnable pursuant to article onehundred twenty of the criminal procedure law and arraigned by suchcourt. Such local criminal court shall order the commitment of thearrested person to the custody of the sheriff, admit to, fix or acceptbail, or release the arrested person on his or her recognizance pendingappearance in the court that issued the order of protection, temporaryorder of protection or warrant. In making such order, such localcriminal court shall consider the bail recommendation, if any, made bythe supreme or family co ssued the order of protection, temporaryorder of protection or warrant. In making such order, such localcriminal court shall consider the bail recommendation, if any, made bythe supreme or family court as indicated on the warrant or certificateof warrant. Unless the petitioner or complainant requests otherwise, thecourt, in addition to scheduling further criminal proceedings, if any,regarding such alleged family offense or violation allegation, shallmake such matter returnable in the supreme or family court, asapplicable, on the next day such court is in session.3-c. Orders of protection; filing and enforcement of out-of-stateorders. A valid order of protection or temporary order of protectionissued by a court of competent jurisdiction in another state,territorial or tribal jurisdiction shall be accorded full faith andcredit and enforced as if it were issued by a court within the state foras long as the order remains in effect in the issuing jurisdiction inaccordance with sections two thousand two hundred sixty-five and twothousand two hundred sixty-six of title eighteen of the United StatesCode.a. An order issued by a court of competent jurisdiction in anotherstate, territorial or tribal jurisdiction shall be deemed valid if:(1) the issuing court had personal jurisdiction over the parties andover the subject matter under the law of the issuing jurisdiction;(2) the person against whom the order was issued had reasonable noticeand an opportunity to be heard prior to issuance of the order; provided,however, that if the order was a temporary order of protection issued inthe absence of such person, that notice had been given and that anopportunity to be heard had been provided within a reasonable period oftime after the issuance of the order; and(3) in the case of orders of protection or temporary orders ofprotection issued against both a petitioner and respondent, the order orportion thereof sought to be enforced was supported by: (i) a pleadingreque ase of orders of protection or temporary orders ofprotection issued against both a petitioner and respondent, the order orportion thereof sought to be enforced was supported by: (i) a pleadingrequesting such order, including, but not limited to, a petition,cross-petition or counterclaim; and (ii) a judicial finding that therequesting party is entitled to the issuance of the order, which mayresult from a judicial finding of fact, judicial acceptance of anadmission by the party against whom the order was issued or judicialfinding that the party against whom the order was issued had giveknowing, intelligent and voluntary consent to its issuance.b. Notwithstanding the provisions of article fifty-four of the civilpractice law and rules, an order of protection or temporary order ofprotection issued by a court of competent jurisdiction in another state,territorial or tribal jurisdiction, accompanied by a sworn affidavitthat upon information and belief such order is in effect as written andhas not been vacated or modified, may be filed without fee with theclerk of the court, who shall transmit information regarding such orderto the statewide registry of orders of protection and warrantsestablished pursuant to section two hundred twenty-one-a of theexecutive law; provided, however, that such filing and registry entryshall not be required for enforcement of the order.4. One-time adjustment of child support orders issued prior toSeptember fifteenth, nineteen hundred eighty-nine. Any party to a childsupport order issued prior to September fifteenth, nineteen hundredeighty-nine on the behalf of a child in receipt of public assistance orchild support services pursuant to section one hundred eleven-g of thesocial services law may request that the support collection unitundertake one review of the order for adjustment purposes pursuant tosection one hundred eleven-h of the social services law. A hearing onthe adjustment of such order shall be granted upon the obj itundertake one review of the order for adjustment purposes pursuant tosection one hundred eleven-h of the social services law. A hearing onthe adjustment of such order shall be granted upon the objection ofeither party pursuant to the provisions of this section. An order shallbe adjusted if as of the date of the support collection unit's review ofthe correct amount of child support as calculated pursuant to theprovisions of this section would deviate by at least ten percent fromthe child support ordered in the current Source: NYSenate.gov Open Legislation | Laws of New York Page 19 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240 — Custody and child support; orders of protection. 1 order of support. Additionally,a new order shall be issued upon a showing that the current order ofsupport does not provide for the health care needs of the child throughinsurance or otherwise. Eligibility of the child for medical assistanceshall not relieve any obligation the parties otherwise have to providefor the health care needs of the child. The support collection unit'sreview of a child support order shall be made on notice to all partiesto the current support order. Nothing herein shall be deemed in any wayto limit, restrict, expand or impair the rights of any party to file fora modification of a child support order as is otherwise provided by law.(1) Upon mailing of an adjustment finding and where appropriate aproposed order in conformity with such finding filed by either party orby the support collection unit, a party shall have thirty-five days fromthe date of mailing to submit to the court identified thereon specificwritten objections to such finding and proposed order.(a) If specific written objections are submitted by either party or bythe support collection unit, a hearing shall be scheduled by the courton notice to the parties and the support collection unit, who then shallhave the right to be heard by the court and to offer evidenc support collection unit, a hearing shall be scheduled by the courton notice to the parties and the support collection unit, who then shallhave the right to be heard by the court and to offer evidence in supportof or in opposition to adjustment of the support order.(b) The party filing the specific written objections shall bear theburden of going forward and the burden of proof; provided, however, thatif the support collection unit has failed to provide the documentationand information required by subdivision fourteen of section one hundredeleven-h of the social services law, the court shall first require thesupport collection unit to furnish such documents and information to theparties and the court.(c) If the court finds by a preponderance of the evidence that thespecific written objections have been proven, the court shallrecalculate or readjust the proposed adjusted order accordingly or, forgood cause, shall remand the order to the support collection unit forsubmission of a new proposed adjusted order. Any readjusted order soissued by the court or resubmitted by the support collection unit aftera remand by the court shall be effective as of the date the proposedadjusted order would have been effective had no specific writtenobjections been filed.(d) If the court finds that the specific written objections have notbeen proven by a preponderance of the evidence, the court shallimmediately issue the adjusted order as submitted by the supportcollection unit, which shall be effective as of the date the order wouldhave been effective had no specific written exceptions been filed.(e) If the court receives no specific written objections to thesupport order within thirty-five days of the mailing of the proposedorder the clerk of the court shall immediately enter the order withoutfurther review, modification, or other prior action by the court or anyjudge or support magistrate thereof, and the clerk shall immediatelytransmit copies of the order of support r the order withoutfurther review, modification, or other prior action by the court or anyjudge or support magistrate thereof, and the clerk shall immediatelytransmit copies of the order of support to the parties and to thesupport collection unit.(2) A motion to vacate an order of support adjusted pursuant to thissection may be made no later than forty-five days after an adjustedsupport order is executed by the court where no specific writtenobjections to the proposed order have been timely received by the court.Such motion shall be granted only upon a determination by the courtissuing such order that personal jurisdiction was not timely obtainedover the moving party.* 5. Provision of child support orders to the state case registry. Thecourt shall direct that a copy of any child support or combined childand spousal support order issued by the court on or after the first dayof October, nineteen hundred ninety-eight, in any proceeding under thissection be provided promptly to the state case registry establishedpursuant to subdivision four-a of section one hundred eleven-b of thesocial services law.* NB There are 2 subdivision 5's* 5. On-going cost of living adjustment of child support orders issuedprior to September fifteenth, nineteen hundred eighty-nine. Any party toa child support order issued prior to September fifteenth, nineteenhundred eighty-nine on the behalf of a child in receipt of publicassistance or child support services pursuant to section one hundredeleven-g of the social services law may request that the supportcollection unit review the order for a cost of living adjustment inaccordance with the provisions of section two hundred forty-c of thisarticle.* NB There are 2 subdivision 5's Source: NYSenate.gov Open Legislation | Laws of New York Page 20