NY Dom Rel L § 240 (2021)
2021 New York Laws DOM - Domestic Relations Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action 240 - Custody and Child Support; Orders of Protection.

§  240. Custody and child support; orders of protection. 1. (a) In any action or proceeding brought (1) to annul a marriage or to  declare  the nullity  of  a  void  marriage,  or  (2)  for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by petition and order to show cause, the custody of or  right  to  visitation  with  any child  of a marriage, the court shall require verification of the status of any child of the marriage with respect to such  child's  custody  and support,  including any prior orders, and shall enter orders for custody and support as, in the  court's  discretion,  justice  requires,  having regard  to  the  circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions  of subdivision  one-c  of  this  section.  Where  either party to an action concerning custody of or a right to visitation with a child alleges in a sworn  petition  or   complaint   or   sworn   answer,   cross-petition, counterclaim or other sworn responsive pleading that the other party has committed  an  act  of  domestic  violence  against the party making the allegation or a family or household member  of  either  party,  as  such family  or  household  member  is defined in article eight of the family court act, and such allegations are proven by  a  preponderance  of  the evidence,  the  court must consider the effect of such domestic violence upon the best interests of the child, together with such other facts and circumstances as the court deems relevant in making a direction pursuant to this section and state on the record how  such  findings,  facts  and circumstances  factored  into  the  direction.  If a parent makes a good faith allegation based on a reasonable belief supported  by  facts  that the child is the victim of child abuse, child neglect, or the effects of domestic violence, and if that parent acts lawfully and in good faith in response  to  that  reasonable  belief  to  protect  the  child  or seek treatment for the child, then that  parent  shall  not  be  deprived  of custody, visitation or contact with the child, or restricted in custody, visitation  or  contact,  based  solely on that belief or the reasonable actions taken based on that belief. If an allegation  that  a  child  is abused  is  supported by a preponderance of the evidence, then the court shall consider such evidence of  abuse  in  determining  the  visitation arrangement  that  is  in  the best interest of the child, and the court shall not place a child in the  custody  of  a  parent  who  presents  a substantial  risk  of  harm to that child, and shall state on the record how  such  findings  were  factored  into  the  determination.  Where  a proceeding  filed  pursuant  to article ten or ten-A of the family court act is pending at the same time as a proceeding brought in  the  supreme court  involving  the custody of, or right to visitation with, any child of a marriage, the court presiding over the proceeding under article ten or ten-A of the family court act  may  jointly  hear  the  dispositional hearing  on  the  petition  under  article ten or the permanency hearing under article ten-A of the family court act and, upon referral from  the supreme  court,  the  hearing  to  resolve  the  matter  of  custody  or visitation in the proceeding pending  in  the  supreme  court;  provided however,  the  court  must determine custody or visitation in accordance with the terms of this section.   An order directing the payment of  child  support  shall  contain  the social  security  numbers of the named parties. In all cases there shall be no prima facie right to the custody of the child  in  either  parent. Such  direction  shall  make  provision  for  child  support  out of the property of either or both parents. The court shall make its  award  for child  support  pursuant  to  subdivision  one-b  of  this section. Such direction may provide for reasonable visitation rights to  the  maternal and/or paternal grandparents of any child of the parties. Such direction as it applies to rights of visitation with a child remanded or placed in  the  care  of  a  person,  official,  agency  or institution pursuant to article ten of the family  court  act,  or  pursuant  to  an  instrument approved  under  section  three  hundred  fifty-eight-a  of  the  social services law, shall be enforceable pursuant to part eight of article ten of  the  family  court  act and sections three hundred fifty-eight-a and three hundred  eighty-four-a  of  the  social  services  law  and  other applicable provisions of law against any person having care and custody, or  temporary  care and custody, of the child. Notwithstanding any other provision of law, any written application or motion to the court for the establishment, modification or enforcement of a child support obligation for persons not in receipt of public assistance and  care  must  contain either  a  request  for  child  support enforcement services which would authorize the collection of the  support  obligation  by  the  immediate issuance  of an income execution for support enforcement as provided for by this chapter, completed  in  the  manner  specified  in  section  one hundred  eleven-g  of  the  social services law; or a statement that the applicant has applied for or is  in  receipt  of  such  services;  or  a statement that the applicant knows of the availability of such services, has  declined  them  at this time and where support enforcement services pursuant to section one hundred eleven-g of the social services law have been declined that the applicant understands that  an  income  deduction order  may  be  issued  pursuant to subdivision (c) of section fifty-two hundred forty-two of the civil practice  law  and  rules  without  other child support enforcement services and that payment of an administrative fee  may be required. The court shall provide a copy of any such request for child support enforcement services to the support collection unit of the appropriate social services district any time it directs payments to be made to such support collection unit. Additionally, the copy  of  any such  request  shall  be  accompanied  by  the  name, address and social security number of the parties; the  date  and  place  of  the  parties' marriage;  the  name and date of birth of the child or children; and the name and address of the employers and income payors of  the  party  from whom  child  support  is  sought  or from the party ordered to pay child support to the other party. Such direction may require the payment of  a sum or sums of money either directly to the custodial parent or to third persons  for  goods  or  services  furnished for such child, or for both payments to the custodial parent and to such  third  persons;  provided, however,  that  unless  the party seeking or receiving child support has applied for or is receiving such services, the court  shall  not  direct such  payments to be made to the support collection unit, as established in section one hundred eleven-h of the social services law. Every  order directing  the  payment  of  support shall require that if either parent currently, or at any time in the future, has health  insurance  benefits available  that  may  be  extended  or obtained to cover the child, such parent is required to exercise the  option  of  additional  coverage  in favor  of  such  child and execute and deliver to such person any forms, notices, documents or instruments necessary to assure timely payment  of any health insurance claims for such child.  (a-1)(1)   Permanent  and  initial  temporary  orders  of  custody  or visitation. Prior to the issuance of any permanent or initial  temporary order  of custody or visitation, the court shall conduct a review of the decisions and reports listed in subparagraph three of this paragraph.  (2) Successive temporary orders of custody or visitation. Prior to the issuance of any successive temporary order of custody or visitation, the court shall conduct a review of the  decisions  and  reports  listed  in subparagraph  three  of  this  paragraph,  unless such a review has been conducted within ninety days prior to the issuance of such order.  (3) Decisions and reports for review. The court shall conduct a review of the following:  (i)  related  decisions  in  court  proceedings  initiated pursuant to article ten of the family court act, and all warrants issued  under  the family court act; and  (ii)  reports  of  the  statewide  computerized  registry of orders of protection established and maintained pursuant to  section  two  hundred twenty-one-a  of  the  executive  law,  and  reports of the sex offender registry established and maintained  pursuant  to  section  one  hundred sixty-eight-b of the correction law.  (4)  Notifying  counsel  and  issuing  orders.  Upon  consideration of decisions pursuant to article ten of the family court act, and  registry reports  and  notifying  counsel  involved  in the proceeding, or in the event of a self-represented party, notifying such party of  the  results thereof,  including any court appointed attorney for children, the court may issue a temporary, successive temporary or final order of custody or visitation.  (5) Temporary emergency order. Notwithstanding any other provision  of the  law, upon emergency situations, including computer malfunctions, to serve the best interest of the child, the court may  issue  a  temporary emergency  order  for  custody or visitation in the event that it is not possible to  timely  review  decisions  and  reports  on  registries  as required pursuant to subparagraph three of this paragraph.  (6)  After  issuing  a  temporary  emergency  order.  After  issuing a temporary emergency order of custody  or  visitation,  the  court  shall conduct  reviews  of the decisions and reports on registries as required pursuant to subparagraph three  of  this  paragraph  within  twenty-four hours  of  the  issuance  of such temporary emergency order. Should such twenty-four hour period fall on a day when court is not in session, then the required reviews shall take place the  next  day  the  court  is  in session.  Upon  reviewing  decisions  and reports the court shall notify associated counsel, self-represented parties and attorneys for  children pursuant  to subparagraph four of this paragraph and may issue temporary or permanent custody or visitation orders.  (7) Feasibility study. The commissioner of the office of children  and family services, in conjunction with the office of court administration, is  hereby  authorized and directed to examine, study, evaluate and make recommendations  concerning  the  feasibility  of  the  utilization   of computers  in  courts  which  are  connected  to  the  statewide central register of child abuse  and  maltreatment  established  and  maintained pursuant  to section four hundred twenty-two of the social services law, as a means  of  providing  courts  with  information  regarding  parties requesting orders of custody or visitation. Such commissioner shall make a  preliminary  report  to the governor and the legislature of findings, conclusions and  recommendations  not  later  than  January  first,  two thousand   nine,  and  a  final  report  of  findings,  conclusions  and recommendations not later than June first, two thousand nine, and  shall submit  with  the  reports  such  legislative  proposals  as  are deemed necessary to implement the commissioner's recommendations.  (a-2) Military service by parent; effect on child custody orders.  (1) During  the  period  of  time  that  a  parent is activated, deployed or temporarily assigned to military service, such that the parent's ability to continue as a joint caretaker or the primary  caretaker  of  a  minor child is materially affected by such military service, any orders issued pursuant  to  this  section,  based  on  the  fact  that  the  parent is activated, deployed or temporarily assigned to military  service,  which would materially affect or change a previous judgment or order regarding custody  of  that  parent's  child or children as such judgment or order  existed on the date the parent was activated, deployed,  or  temporarily assigned  to  military  service,  shall be subject to review pursuant to subparagraph three of this paragraph. Any  relevant  provisions  of  the Service  Member's  Civil  Relief  Act  shall  apply  to  all proceedings governed by this section.  (2) During such period, the court may enter an order to modify custody if there is clear and convincing evidence that the  modification  is  in the  best  interests  of  the  child. An attorney for the child shall be appointed in all cases  where  a  modification  is  sought  during  such military  service.  Such  order  shall  be subject to review pursuant to subparagraph three of this paragraph. When entering an order pursuant to this section, the court shall consider and provide for, if feasible  and if  in  the  best  interests  of the child, contact between the military service member and his or her child,  including,  but  not  limited  to, electronic   communication   by  e-mail,  webcam,  telephone,  or  other available means. During the period of the parent's leave  from  military service,  the  court shall consider the best interests of the child when establishing a parenting schedule, including visiting and other contact. For such purposes, a "leave from military service" shall be a period  of not more than three months.  (3)  Unless  the  parties  have  otherwise stipulated or agreed, if an order is issued pursuant to this paragraph, the  return  of  the  parent from  active  military service, deployment or temporary assignment shall be considered a substantial change in circumstances. Upon the request of either parent, the court shall determine on the  basis  of  the  child's best  interests  whether  the  custody  judgment  or order previously in effect should be modified.  (4) This paragraph shall not apply to assignments  to  permanent  duty stations or permanent changes of station.  (b)  As  used  in  this  section,  the  following terms shall have the following meanings:  (1) "Health insurance benefits" means any medical, dental, optical and prescription drugs  and  health  care  services  or  other  health  care benefits  that  may  be  provided for a dependent through an employer or organization, including such employers or organizations which  are  self insured,  or  through  other  available  health insurance or health care coverage plans.  (2) "Available health insurance benefits" means any  health  insurance benefits  that are reasonable in cost and that are reasonably accessible to the person on whose behalf the petition is brought. Health  insurance benefits  that  are  not  reasonable  in  cost or whose services are not reasonably accessible to such person, shall be considered unavailable.  (3) When the person on whose behalf the petition is brought is a child in accordance with paragraph (c) of this subdivision,  health  insurance benefits  shall be considered "reasonable in cost" if the cost of health insurance benefits does not exceed five percent of the combined parental gross income. The cost of health insurance benefits shall refer  to  the cost  of  the premium and deductible attributable to adding the child or children to existing coverage or the difference between such  costs  for self-only  and  family coverage. Provided, however, the presumption that the health insurance benefits are reasonable in  cost  may  be  rebutted upon  a  finding  that the cost is unjust or inappropriate which finding shall  be  based  on  the  circumstances  of  the  case,  the  cost  and comprehensiveness  of  the health insurance benefits for which the child or children may otherwise be eligible, and the  best  interests  of  the child  or  children.  In  no instance shall health insurance benefits be considered "reasonable in cost" if a  parent's  share  of  the  cost  of extending such coverage would reduce the income of that parent below the  self-support   reserve.   Health   insurance  benefits  are  "reasonably accessible" if the child lives within the geographic area covered by the plan or lives within thirty minutes or thirty miles of travel time  from the  child's  residence  to the services covered by the health insurance benefits or through benefits  provided  under  a  reciprocal  agreement; provided, however, this presumption may be rebutted for good cause shown including,  but  not  limited to, the special health needs of the child. The court shall set forth such finding and the reasons therefor  in  the order of support.  (c)  When  the  person  on  whose  behalf the petition is brought is a child, the court shall consider the  availability  of  health  insurance benefits  to  all  parties and shall take the following action to ensure that health insurance benefits are  provided  for  the  benefit  of  the child:  (1) Where the child is presently covered by health insurance benefits, the  court  shall  direct  in the order of support that such coverage be maintained, unless either parent requests the court to make a  direction for health insurance benefits coverage pursuant to paragraph two of this subdivision.  (2)  Where  the  child  is  not  presently covered by health insurance benefits, the court shall make a determination as follows:  (i) If only one parent has available health  insurance  benefits,  the court  shall  direct  in  the  order of support that such parent provide health insurance benefits.  (ii) If both parents have  available  health  insurance  benefits  the court  shall  direct  in the order of support that either parent or both parents provide  such  health  insurance.  The  court  shall  make  such determination based on the circumstances of the case, including, but not limited  to,  the  cost  and  comprehensiveness of the respective health insurance benefits and the best interests of the child.  (iii) If neither parent has available health insurance  benefits,  the court  shall  direct  in  the order of support that the custodial parent apply for the state's child health  insurance  plan  pursuant  to  title one-A  of  article  twenty-five of the public health law and the medical assistance program established pursuant to title eleven of article  five of  the  social  services law. A direction issued under this subdivision shall not limit or alter either parent's  obligation  to  obtain  health insurance  benefits  at  such time as they become available, as required pursuant  to  paragraph  (a)  of  this  subdivision.  Nothing  in   this subdivision shall alter or limit the authority of the medical assistance program  to  determine when it is considered cost effective to require a custodial parent  to  enroll  a  child  in  an  available  group  health insurance  plan pursuant to paragraphs (b) and (c) of subdivision one of section three hundred sixty-seven-a of the social services law.  (d) The cost of providing health insurance benefits or benefits  under the  state's  child  health  insurance  plan  or  the medical assistance program, pursuant to paragraph (c) of this subdivision, shall be  deemed cash  medical  support,  and the court shall determine the obligation of either or both parents to contribute to the  cost  thereof  pursuant  to subparagraph five of paragraph (c) of subdivision one-b of this section.  (e)  The  court shall provide in the order of support that the legally responsible relative immediately notify the other party,  or  the  other party and the support collection unit when the order is issued on behalf of  a  child  in  receipt of public assistance and care or in receipt of services pursuant to section one hundred eleven-g of the social services law,  of  any  change  in  health  insurance  benefits,  including   any termination of benefits, change in the health insurance benefit carrier, premium, or extent and availability of existing or new benefits.  (f)  Where  the  court  determines  that health insurance benefits are available, the court shall provide in the  order  of  support  that  the legally  responsible relative immediately enroll the eligible dependents named in the order who are otherwise eligible for such benefits  without regard to any seasonal enrollment restrictions. Such order shall further direct  the  legally  responsible  relative to maintain such benefits as long as they remain available to such relative. Such order shall further direct  the  legally  responsible  relative  to  assign  all   insurance reimbursement  payments for health care expenses incurred for his or her eligible dependents to the  provider  of  such  services  or  the  party actually having incurred and satisfied such expenses, as appropriate.  (g)  When the court issues an order of child support or combined child and spousal support on behalf of persons in receipt of public assistance and care or in receipt of  services  pursuant  to  section  one  hundred eleven-g  of  the  social  services law, such order shall further direct that the provision of health care benefits shall be immediately enforced pursuant to section fifty-two hundred forty-one of  the  civil  practice law and rules.  (h)  When the court issues an order of child support or combined child and spousal support on behalf of persons other than those in receipt  of public assistance and care or in receipt of services pursuant to section one  hundred  eleven-g  of the social services law, the court shall also issue a separate order which shall include the  necessary  direction  to ensure the order's characterization as a qualified medical child support order  as defined by section six hundred nine of the employee retirement income security act of 1974 (29 USC 1169). Such order shall: (i) clearly state that it creates or recognizes the existence of the  right  of  the named  dependent  to  be  enrolled and to receive benefits for which the legally responsible relative  is  eligible  under  the  available  group health plans, and shall clearly specify the name, social security number and  mailing  address  of  the legally responsible relative, and of each dependent to be covered by the order; (ii) provide a  clear  description of  the type of coverage to be provided by the group health plan to each such dependent or the manner in which the type  of  coverage  is  to  be determined;  and  (iii)  specify  the  period of time to which the order applies. The court shall not require the group health  plan  to  provide any  type  or form of benefit or option not otherwise provided under the group  health  plan  except  to  the  extent  necessary  to   meet   the requirements  of  a  law  relating to medical child support described in section one thousand three hundred and ninety-six g of  title  forty-two of the United States code.  (i) Upon a finding that a legally responsible relative wilfully failed to  obtain health insurance benefits in violation of a court order, such relative will be presumptively  liable  for  all  health  care  expenses incurred  on  behalf  of  such  dependents  from  the  first  date  such dependents were eligible to be  enrolled  to  receive  health  insurance benefits  after  the  issuance  of  the  order  of support directing the acquisition of such coverage.  (j) The order shall be effective as of the  date  of  the  application therefor,  and  any  retroactive  amount  of  child support due shall be support arrears/past due support  and  shall,  except  as  provided  for herein,  be  paid  in  one lump sum or periodic sums, as the court shall direct, taking into account any amount of temporary  support  which  has been  paid.  In  addition,  such  retroactive  child  support  shall  be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement  pursuant  to  subdivision  (b)  of section fifty-two hundred forty-one of the civil practice law and rules. When  a child receiving support is a public assistance recipient, or the  order of support is being enforced or is  to  be  enforced  pursuant  to section one hundred eleven-g of the social services law, the court shall establish the amount of retroactive child support and notify the parties that  such  amount  shall  be  enforced  by  the support collection unit pursuant to an execution for support  enforcement  as  provided  for  in subdivision  (b)  of  section  fifty-two  hundred forty-one of the civil practice law and rules, or in such periodic payments as would have  been authorized  had  such an execution been issued. In such case, the courts shall not direct the schedule of repayment of retroactive support. Where such direction is for child support and paternity has  been  established by  a  voluntary  acknowledgement  of  paternity  as  defined in section forty-one hundred thirty-five-b of the  public  health  law,  the  court shall  inquire  of the parties whether the acknowledgement has been duly filed, and unless satisfied that it has been so filed shall require  the clerk  of  the  court  to file such acknowledgement with the appropriate registrar within five business days. Such direction may be made  in  the final  judgment  in  such action or proceeding, or by one or more orders from time to time before or subsequent to final  judgment,  or  by  both such  order or orders and the final judgment. Such direction may be made notwithstanding that the court for any  reason  whatsoever,  other  than lack  of  jurisdiction,  refuses  to  grant  the relief requested in the action or proceeding. Any order or judgment  made  as  in  this  section provided may combine in one lump sum any amount payable to the custodial parent  under  this section with any amount payable to such parent under section two hundred thirty-six of this article. Upon the application  of either  parent, or of any other person or party having the care, custody and control of such child pursuant to such judgment or order, after such notice to the other party, parties or persons having such care,  custody and  control  and  given  in  such manner as the court shall direct, the court may annul or modify any such direction, whether made by  order  or final judgment, or in case no such direction shall have been made in the final  judgment  may,  with  respect  to  any  judgment  of annulment or declaring the nullity of a void marriage rendered on or after  September first,  nineteen hundred forty, or any judgment of separation or divorce whenever rendered, amend  the  judgment  by  inserting  such  direction. Subject  to  the  provisions  of  section two hundred forty-four of this article, no such modification or annulment shall reduce or annul arrears accrued prior to the making of such application  unless  the  defaulting party  shows  good cause for failure to make application for relief from the judgment or order directing such payment prior  to  the  accrual  of such arrears. Such modification may increase such child support nunc pro tunc  as  of the date of application based on newly discovered evidence. Any  retroactive  amount  of  child  support  due   shall   be   support arrears/past  due  support and shall be paid in one lump sum or periodic sums, as the court shall direct,  taking  into  account  any  amount  of temporary   child  support  which  has  been  paid.  In  addition,  such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support  enforcement pursuant  to  subdivision  (b) of section fifty-two hundred forty-one of the civil practice law and rules.   1-a. In any proceeding brought pursuant to this section  to  determine the  custody  or  visitation  of  minors, a report made to the statewide central register of child abuse and maltreatment, pursuant to title  six of  article  six of the social services law, or a portion thereof, which is otherwise admissible as a business record pursuant to rule forty-five hundred eighteen of the civil  practice  law  and  rules  shall  not  be admissible   in   evidence,   notwithstanding   such   rule,  unless  an investigation of such report conducted pursuant to title six of  article  six  of  the  social  services  law  has  determined  that there is some credible evidence of the alleged abuse  or  maltreatment  and  that  the subject of the report has been notified that the report is indicated. In addition,  if such report has been reviewed by the state commissioner of social services or his designee and has been determined to be unfounded, it shall not be admissible in evidence.  If  such  report  has  been  so reviewed  and  has been amended to delete any finding, each such deleted finding shall not be admissible. If the  state  commissioner  of  social services  or his designee has amended the report to add any new finding, each such new finding, together with any portion of the original  report not  deleted by the commissioner or his designee, shall be admissible if it meets the other requirements of this  subdivision  and  is  otherwise admissible  as  a business record. If such a report, or portion thereof, is admissible in  evidence  but  is  uncorroborated,  it  shall  not  be sufficient  to  make  a  fact  finding  of abuse or maltreatment in such proceeding. Any other evidence tending to  support  the  reliability  of such report shall be sufficient corroboration.   1-b.  (a) The court shall make its award for child support pursuant to the provisions of this subdivision. The court may vary from  the  amount of  the  basic child support obligation determined pursuant to paragraph (c) of this subdivision only in accordance with paragraph  (f)  of  this subdivision.  (b)  For purposes of this subdivision, the following definitions shall be used:  (1) "Basic child support obligation" shall mean  the  sum  derived  by adding  the  amounts  determined by the application of subparagraphs two and three of paragraph (c)  of  this  subdivision  except  as  increased pursuant to subparagraphs four, five, six and seven of such paragraph.  (2)  "Child  support"  shall  mean  a sum to be paid pursuant to court order or decree by either  or  both  parents  or  pursuant  to  a  valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.  (3) "Child support percentage" shall mean:  (i) seventeen percent of the combined parental income for one child;  (ii)  twenty-five  percent  of  the  combined  parental income for two children;  (iii) twenty-nine percent of the combined parental  income  for  three children;  (iv)  thirty-one  percent  of  the  combined  parental income for four children; and  (v) no less than thirty-five percent of the combined  parental  income for five or more children.  (4)  "Combined  parental  income"  shall mean the sum of the income of both parents.  (5) "Income" shall mean, but shall not be limited to, the sum  of  the amounts determined by the application of clauses (i), (ii), (iii), (iv), (v)  and  (vi)  of this subparagraph reduced by the amount determined by the application of clause (vii) of this subparagraph:  (i) gross (total) income as should have been or should be reported  in the  most  recent  federal  income  tax  return.  If an individual files his/her federal income tax return as a married  person  filing  jointly, such  person shall be required to prepare a form, sworn to under penalty of law, disclosing his/her gross income individually;  (ii) to the extent not already included in gross income in clause  (i) of  this  subparagraph,  investment  income  reduced by sums expended in connection with such investment;  (iii) to the extent not already included in gross  income  in  clauses (i)  and (ii) of this subparagraph, the amount of income or compensation  voluntarily deferred and income received, if  any,  from  the  following sources:  (A) workers' compensation,  (B) disability benefits,  (C) unemployment insurance benefits,  (D) social security benefits,  (E) veterans benefits,  (F) pensions and retirement benefits,  (G) fellowships and stipends,  (H) annuity payments, and  (I) alimony or maintenance actually paid or to be paid to a spouse who is  a party to the instant action pursuant to an existing court order or contained in the order to be entered by the  court,  or  pursuant  to  a validly  executed  written  agreement,  in  which  event  the  order  or agreement shall provide for a specific adjustment,  in  accordance  with this  subdivision,  in  the  amount  of  child  support payable upon the termination of alimony or maintenance to such spouse; provided, however, that the specific adjustment in the amount of child support  is  without prejudice  to  either party's right to seek a modification in accordance with subparagraph two of paragraph b of subdivision nine of  part  B  of section  two  hundred  thirty-six  of  this  article.  In  an  action or proceeding to modify an order  of  child  support,  including  an  order incorporating   without  merging  an  agreement,  issued  prior  to  the effective date of this subclause, the provisions of this subclause shall not, by themselves, constitute a  substantial  change  of  circumstances pursuant  to  paragraph  b  of subdivision nine of part B of section two hundred thirty-six of this article.  (iv) at the discretion of the court, the court may attribute or impute income from, such other resources as may be  available  to  the  parent, including, but not limited to:  (A) non-income producing assets,  (B) meals, lodging, memberships, automobiles or other perquisites that are  provided  as part of compensation for employment to the extent that such perquisites constitute expenditures  for  personal  use,  or  which expenditures directly or indirecly confer personal economic benefits,  (C)  fringe  benefits provided as part of compensation for employment, and  (D) money, goods, or services provided by relatives and friends;  (v) an amount  imputed  as  income  based  upon  the  parent's  former resources  or  income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's  obligation for  child  support; provided that incarceration shall not be considered voluntary unemployment, unless  such  incarceration  is  the  result  of non-payment  of  a  child  support  order,  or  an  offense  against the custodial parent or child who is the subject of the order or judgment;  (vi) to the extent not already included in gross income in clauses (i) and (ii) of this subparagraph, the following self-employment  deductions attributable to self-employment carried on by the taxpayer:  (A) any depreciation deduction greater than depreciation calculated on a  straight-line basis for the purpose of determining business income or investment credits, and  (B) entertainment and travel allowances deducted from business  income to the extent said allowances reduce personal expenditures;  (vii)  the  following  shall be deducted from income prior to applying the provisions of paragraph (c) of this subdivision:  (A) unreimbursed employee business expenses except to the extent  said expenses reduce personal expenditures,  (B)  alimony  or  maintenance actually paid to a spouse not a party to the instant action pursuant to court order or validly  executed  written agreement,  (C) alimony or maintenance actually paid or to be paid to a spouse who is  a party to the instant action pursuant to an existing court order or contained in the order to be entered by the  court,  or  pursuant  to  a validly  executed  written  agreement,  in  which  event  the  order  or agreement shall provide for a specific adjustment,  in  accordance  with this  subdivision,  in  the  amount  of  child  support payable upon the termination of alimony or maintenance to such spouse; provided, however, that the specific adjustment in the amount of child support  is  without prejudice  to  either party's right to seek a modification in accordance with subparagraph two of paragraph b of subdivision nine of  part  B  of section  two  hundred  thirty-six  of  this  article.  In  an  action or proceeding to modify an order  of  child  support,  including  an  order incorporating   without  merging  an  agreement,  issued  prior  to  the effective date of this subclause, the provisions of this subclause shall not, by themselves, constitute a  substantial  change  of  circumstances pursuant  to  paragraph  b  of subdivision nine of part B of section two hundred thirty-six of this article.  (D) child support actually paid pursuant to  court  order  or  written agreement on behalf of any child for whom the parent has a legal duty of support and who is not subject to the instant action,  (E) public assistance,  (F) supplemental security income,  (G)  New  York city or Yonkers income or earnings taxes actually paid, and  (H) federal insurance contributions act (FICA) taxes actually paid.  (6) "Self-support reserve" shall mean one hundred thirty-five  percent of  the poverty income guidelines amount for a single person as reported by the federal department of health and human services. For the calendar year nineteen hundred eighty-nine, the  self-support  reserve  shall  be eight  thousand  sixty-five  dollars.  On  March first of each year, the self-support reserve shall be revised to reflect the annual updating  of the  poverty  income guidelines as reported by the federal department of health and human services for a single person household.  (c) The  amount  of  the  basic  child  support  obligation  shall  be determined in accordance with the provision of this paragraph:  (1) The court shall determine the combined parental income.  (2)  The  court  shall multiply the combined parental income up to the amount set forth in paragraph (b) of  subdivision  two  of  section  one hundred  eleven-i  of  the  social services law by the appropriate child support percentage and  such  amount  shall  be  prorated  in  the  same proportion as each parent's income is to the combined parental income.  (3)  Where  the combined parental income exceeds the dollar amount set forth in subparagraph two of this paragraph, the court  shall  determine the  amount  of  child  support  for the amount of the combined parental income in excess of such dollar  amount  through  consideration  of  the factors  set forth in paragraph (f) of this subdivision and/or the child support percentage.  (4) Where the custodial parent is working, or receiving elementary  or secondary  education,  or  higher education or vocational training which the court determines will lead to  employment,  and  incurs  child  care expenses as a result thereof, the court shall determine reasonable child care  expenses  and  such  child care expenses, where incurred, shall be prorated in the same proportion  as  each  parent's  income  is  to  the combined parental income. Each parent's pro rata share of the child care  expenses   shall   be   separately  stated  and  added  to  the  sum  of subparagraphs two and three of this paragraph.  (5)  The  court  shall  determine  the  parties' obligation to provide health insurance benefits pursuant to  this  section  and  to  pay  cash medical support as provided under this subparagraph.  (i)  "Cash  medical support" means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by a  parent through  an  employer  or  organization,  including  such  employers  or organizations which are self insured, or through other available  health insurance  or  health  care coverage plans, and/or for other health care expenses not covered by insurance.  (ii) Where health insurance benefits pursuant to subparagraph one  and clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision one  of  this  section  are determined by the court to be available, the cost of providing health insurance benefits shall  be  prorated  between the  parties  in  the  same proportion as each parent's income is to the combined parental income. If the custodial parent is ordered to  provide such  benefits,  the non-custodial parent's pro rata share of such costs shall be added to the basic support  obligation.  If  the  non-custodial parent  is  ordered to provide such benefits, the custodial parent's pro rata share of such costs  shall  be  deducted  from  the  basic  support obligation.  (iii) Where health insurance benefits pursuant to subparagraph one and clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision one  of  this  section are determined by the court to be unavailable, if the child or children are determined eligible  for  coverage  under  the medical  assistance  program  established  pursuant  to  title eleven of article five of the social services  law,  the  court  shall  order  the non-custodial parent to pay cash medical support as follows:  (A)  In  the  case  of a child or children authorized for managed care coverage under the medical assistance program, the lesser of the  amount that  would be required as a family contribution under the state's child health insurance plan pursuant to title one-A of article twenty-five  of the  public  health  law  for  the  child  or children if they were in a two-parent household with income equal to the  combined  income  of  the non-custodial  and  custodial parents or the premium paid by the medical assistance program on behalf of the child or  children  to  the  managed care  plan.  The court shall separately state the non-custodial parent's monthly obligation. The  non-custodial  parent's  cash  medical  support obligation under this clause shall not exceed five percent of his or her gross  income,  or  the  difference  between  the non-custodial parent's income and the self-support reserve, whichever is less.  (B) In the case of a child or children authorized for  fee-for-service coverage  under  the  medical  assistance  program other than a child or children described in item (A) of this clause, the court shall determine the  non-custodial  parent's  maximum  annual   cash   medical   support obligation,  which  shall  be  equal to the lesser of the monthly amount that would be required as a family contribution under the state's  child health  insurance plan pursuant to title one-A of article twenty-five of the public health law for the child  or  children  if  they  were  in  a two-parent  household  with  income  equal to the combined income of the non-custodial and custodial parents times twelve months or the number of months that the child or children  are  authorized  for  fee-for-service coverage  during any year. The court shall separately state in the order the  non-custodial  parent's  maximum  annual   cash   medical   support obligation  and,  upon proof to the court that the non-custodial parent, after notice of the amount due, has failed to pay the public entity  for incurred  health  care expenses, the court shall order the non-custodial  parent to pay such incurred health  care  expenses  up  to  the  maximum annual  cash  medical  support obligation. Such amounts shall be support arrears/past due support  and  shall  be  subject  to  any  remedies  as provided by law for the enforcement of support arrears/past due support. The  total annual amount that the non-custodial parent is ordered to pay under this clause shall not exceed five percent  of  his  or  her  gross income  or  the difference between the non-custodial parent's income and the self-support reserve, whichever is less.  (C) The court shall order cash medical  support  to  be  paid  by  the non-custodial  parent  for health care expenses of the child or children paid by the medical assistance program prior  to  the  issuance  of  the court's  order.  The  amount  of  such  support  shall  be calculated as provided under item (A) or (B) of this clause, provided that the  amount that  the  non-custodial  parent is ordered to pay under this item shall not exceed five percent of his or her gross  income  or  the  difference between  the non-custodial parent's income and the self-support reserve, whichever is less, for the year when  the  expense  was  incurred.  Such amounts  shall  be support arrears/past due support and shall be subject to any remedies as provided  by  law  for  the  enforcement  of  support arrears/past due support.  (iv)  Where health insurance benefits pursuant to subparagraph one and clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision one of this section are determined by the court to be  unavailable,  and the  child  or  children  are determined eligible for coverage under the state's child health insurance plan pursuant to title one-A  of  article twenty-five  of  the  public  health  law,  the court shall prorate each parent's share of the cost of the  family  contribution  required  under such child health insurance plan in the same proportion as each parent's income  is  to the combined parental income, and state the amount of the non-custodial parent's share in the order.  The  total  amount  of  cash medical  support  that  the non-custodial parent is ordered to pay under this clause shall not exceed five percent of his or her gross income, or the  difference  between  the  non-custodial  parent's  income  and  the self-support reserve, whichever is less.  (v)  In  addition  to the amounts ordered under clause (ii), (iii), or (iv), the court shall pro rate each parent's share of reasonable  health care   expenses  not  reimbursed  or  paid  by  insurance,  the  medical assistance program established pursuant to title eleven of article  five of  the  social services law, or the state's child health insurance plan pursuant to title one-A of article twenty-five of the public health law, in the same proportion as  each  parent's  income  is  to  the  combined parental  income,  and  state  the  non-custodial  parent's  share  as a percentage in the order. The non-custodial parent's pro  rata  share  of such  health  care  expenses determined by the court to be due and owing shall be support arrears/past due support and shall be  subject  to  any remedies provided by law for the enforcement of support arrears/past due support.  In  addition,  the  court  may  direct  that the non-custodial parent's pro rata share of such health care expenses be paid in one  sum or  in  periodic  sums,  including  direct  payment  to  the health care provider.  (vi) Upon proof by either party that cash medical support pursuant  to clause (ii), (iii), (iv), or (v) of this subparagraph would be unjust or inappropriate  pursuant  to paragraph (f) of this subdivision, the court shall:  (A) order the parties to pay cash medical support as the  court  finds just and appropriate, considering the best interests of the child; and  (B)  set  forth  in  the  order  the factors it considered, the amount calculated under this subparagraph, the reason or reasons the court  did not order such amount, and the basis for the amount awarded.  (6)  Where  the  court determines that the custodial parent is seeking work and incurs child care expenses as a result thereof, the  court  may determine  reasonable  child  care  expenses  and may apportion the same between  the  custodial  and  non-custodial  parent.  The  non-custodial parent's share of such expenses shall be separately stated and paid in a manner determined by the court.  (7) Where the court determines, having regard for the circumstances of the  case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision  of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent   shall  pay  educational  expenses,  as  awarded,  in  a  manner determined by the court, including direct  payment  to  the  educational provider.  (d)   Notwithstanding   the   provisions  of  paragraph  (c)  of  this subdivision,  where  the  annual  amount  of  the  basic  child  support obligation  would  reduce  the  non-custodial  parent's income below the poverty income guidelines amount for a single person as reported by  the federal department of health and human services, the basic child support obligation  shall  be  twenty-five dollars per month, provided, however, that if the court finds that such  basic  child  support  obligation  is unjust   or   inappropriate,   which   finding   shall   be  based  upon considerations of the  factors  set  forth  in  paragraph  (f)  of  this subdivision,  the court shall order the non-custodial parent to pay such amount of the child support as the court  finds  just  and  appropriate. Notwithstanding  the  provisions  of  paragraph (c) of this subdivision, where the annual amount of the  basic  child  support  obligation  would reduce  the non-custodial parent's income below the self-support reserve but not below the poverty income guidelines amount for a  single  person as  reported by the federal department of health and human services, the basic child support obligation shall be fifty dollars per month  or  the difference   between   the   non-custodial   parent's   income  and  the self-support reserve, whichever is greater, in addition to  any  amounts that  the  court  may,  in  its  discretion,  order  in  accordance with subparagraphs four, five, six and/or seven  of  paragraph  (c)  of  this subdivision.  (e)  Where  a  parent  is  or may be entitled to receive non-recurring payments from extraordinary sources not otherwise considered  as  income pursuant to this section, including but not limited to:  (1) Life insurance policies;  (2) Discharges of indebtedness;  (3) Recovery of bad debts and delinquency amounts;  (4) Gifts and inheritances; and  (5) Lottery winnings, the  court,  in  accordance  with  paragraphs  (c),  (d) and (f) of this subdivision may allocate a proportion of the same to child support,  and such amount shall be paid in a manner determined by the court.  (f)  The court shall calculate the basic child support obligation, and the non-custodial parent's pro rata share of  the  basic  child  support obligation.  Unless  the  court  finds  that the non-custodial parents's pro-rata share of the  basic  child  support  obligation  is  unjust  or inappropriate,  which  finding  shall be based upon consideration of the following factors:  (1) The financial resources of the custodial and non-custodial parent, and those of the child;  (2) The physical and emotional health of the child and his/her special needs and aptitudes;  (3)  The  standard  of  living  the  child  would have enjoyed had the marriage or household not been dissolved;  (4) The tax consequences to the parties;  (5) The non-monetary contributions that the parents will  make  toward the care and well-being of the child;  (6) The educational needs of either parent;  (7)   A   determination  that  the  gross  income  of  one  parent  is substantially less than the other parent's gross income;  (8) The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are  not  subject  to  the instant  action  and  whose  support  has  not been deducted from income pursuant to subclause (D)  of  clause  (vii)  of  subparagraph  five  of paragraph  (b)  of  this subdivision, and the financial resources of any person obligated to support such children, provided, however, that  this factor  may  apply  only  if  the  resources  available  to support such children are less than the resources available to support  the  children who are subject to the instant action;  (9)   Provided  that  the  child  is  not  on  public  assistance  (i) extraordinary  expenses  incurred  by  the   non-custodial   parent   in exercising  visitation,  or  (ii) expenses incurred by the non-custodial parent in extended  visitation  provided  that  the  custodial  parent's expenses are substantially reduced as a result thereof; and  (10) Any other factors the court determines are relevant in each case, the  court  shall  order  the non-custodial parent to pay his or her pro rata share of the basic child support  obligation,  and  may  order  the non-custodial  parent to pay an amount pursuant to paragraph (e) of this subdivision.  (g) Where the court finds that the  non-custodial  parent's  pro  rata share  of the basic child support obligation is unjust or inappropriate, the court shall order the non-custodial parent to  pay  such  amount  of child  support  as  the  court finds just and appropriate, and the court shall set forth, in a written order,  the  factors  it  considered;  the amount  of  each  party's  pro  rata  share  of  the basic child support obligation; and the reasons that the court did not order the basic child support obligation. Such written order may not be waived by either party or counsel; provided, however, and notwithstanding any  other  provision of  law,  the  court  shall not find that the non-custodial parent's pro rata share of such obligation is unjust or inappropriate  on  the  basis that  such  share exceeds the portion of a public assistance grant which is attributable to a child or children. Where the non-custodial parent's income is less than or equal to the poverty income guidelines amount for a single person as reported by the  federal  department  of  health  and human  services,  unpaid child support arrears in excess of five hundred dollars shall not accrue.  (h) A validly executed agreement or  stipulation  voluntarily  entered into  between  the  parties after the effective date of this subdivision presented to the court for incorporation in an order or  judgment  shall include  a  provision  stating that the parties have been advised of the provisions of  this  subdivision,  and  that  the  basic  child  support obligation  provided  for  therein  would  presumptively  result  in the correct amount of child support to be awarded. In the  event  that  such agreement   or   stipulation  deviates  from  the  basic  child  support obligation, the agreement or stipulation must specify  the  amount  that such  basic  child  support obligation would have been and the reason or reasons that such agreement or stipulation does not provide for  payment of  that  amount.  Such  provision  may not be waived by either party or  counsel. Nothing contained in this subdivision  shall  be  construed  to alter  the  rights  of  the  parties  to  voluntarily enter into validly executed agreements or stipulations which deviate from the  basic  child support  obligation provided such agreements or stipulations comply with the provisions of this  paragraph.  The  court  shall,  however,  retain discretion  with  respect to child support pursuant to this section. Any court order or judgment incorporating a validly  executed  agreement  or stipulation which deviates from the basic child support obligation shall set forth the court's reasons for such deviation.  (i)  Where  either  or both parties are unrepresented, the court shall not enter an order or judgment other than a temporary order pursuant  to section  two  hundred  thirty-seven  of  this  article,  that includes a provision for child support unless the unrepresented  party  or  parties have received a copy of the child support standards chart promulgated by the  commissioner  of  the office of temporary and disability assistance pursuant to subdivision two of  section  one  hundred  eleven-i  of  the social  services  law. Where either party is in receipt of child support enforcement services through the local  social  services  district,  the local  social  services  district  child  support enforcement unit shall advise such party of the amount derived from application  of  the  child support  percentage  and that such amount serves as a starting point for the determination of the child support award,  and  shall  provide  such party with a copy of the child support standards chart.  (j)  In  addition  to  financial  disclosure  required  in section two hundred thirty-six of this article,  the  court  may  require  that  the income  and/or  expenses  of either party be verified with documentation including, but not limited to, past  and  present  income  tax  returns, employer  statements,  pay  stubs,  corporate,  business, or partnership books and records, corporate and business tax returns, and receipts  for expenses  or  such  other  means of verification as the court determines appropriate.  Nothing herein shall affect any party's  right  to  pursue discovery pursuant to this chapter, the civil practice law and rules, or the family court act.  (k) When a party has defaulted and/or the court is otherwise presented with  insufficient  evidence  to determine gross income, the court shall order child support based upon the needs or standard of  living  of  the child,  whichever  is  greater. Such order may be retroactively modified upward, without a showing of change in circumstances.  (l) In any action or proceeding for modification of an order of  child support  existing prior to the effective date of this paragraph, brought pursuant to this article, the child support standards set forth in  this subdivision  shall  not  constitute a change of circumstances warranting modification of such support order; provided, however,  that  (1)  where the  circumstances  warrant modification of such order, or (2) where any party objects to an adjusted child support order made or proposed at the direction of the support collection unit pursuant to section one hundred eleven-h or one hundred eleven-n of the social  services  law,  and  the court  is  reviewing  the current order of child support, such standards shall be applied by the court in its determination with  regard  to  the request  for modification, or disposition of an objection to an adjusted child support order made or proposed by a support  collection  unit.  In applying  such  standards, when the order to be modified incorporates by reference or merges with a  validly  executed  separation  agreement  or stipulation  of  settlement,  the court may consider, in addition to the factors set forth in paragraph (f) of this subdivision,  the  provisions of  such  agreement  or  stipulation  concerning  property distribution, distributive award and/or maintenance in determining whether the  amount calculated by using the standards would be unjust or inappropriate.    1-c.  (a)  Notwithstanding  any other provision of this chapter to the contrary, no court shall make  an  order  providing  for  visitation  or custody  to  a  person  who has been convicted of murder in the first or second degree in this state, or  convicted  of  an  offense  in  another jurisdiction  which, if committed in this state, would constitute either murder in the first or second degree,  of  a  parent,  legal  custodian, legal  guardian,  sibling, half-sibling or step-sibling of any child who is the subject of the proceeding. Pending determination  of  a  petition for  visitation  or  custody,  such  child shall not visit and no person shall visit with such child present, such person who has been  convicted of  murder  in the first or second degree in this state, or convicted of and offense in another jurisdiction which, if committed in  this  state, would  constitute  either  murder  in  the  first or second degree, of a parent,  legal  custodian,  legal  guardian,  sibling,  half-sibling  or step-sibling of a child who is the subject of the proceeding without the consent of such child's custodian or legal guardian.  (b)  Notwithstanding  any  other  provision  of  this  chapter  to the contrary, there shall be a rebuttable presumption that it is not in  the best interests of the child to:  (A) be placed in the custody of or to visit with a person who has been convicted  of one or more of the following sexual offenses in this state or convicted of one or more offenses in another jurisdiction  which,  if committed  in  this state, would constitute one or more of the following offenses, when a  child  who  is  the  subject  of  the  proceeding  was conceived as a result:  (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 a person who has been convicted of a felony sex  offense,  as  defined  in section  70.80  of  the penal law, or convicted of an offense in another jurisdiction which, if committed in this state, would constitute such  a felony  sex  offense, where the victim of such offense was the child who is the subject of the proceeding.  (c) Notwithstanding paragraph (a) or (b) of this subdivision  a  court may order visitation or custody where:  (i) (A) such child is of suitable age to signify assent and such child assents to such visitation or custody; or  (B)  if  such  child  is  not  of  suitable age to signify assent, the child's custodian or legal guardian assents to such order; or  (C) the person who has been convicted of murder in the first or second degree, or an offense in another jurisdiction which if committed in this state, would constitute either murder in the first or second degree, can prove by a preponderance of the evidence that:  (1) he or she, or a family or household member of either party, was  a victim of domestic violence by the victim of such murder; and  (2)  the  domestic  violence was causally related to the commission of such murder;  (ii) and the court finds that such visitation or  custody  is  in  the best interests of the child.  (d)  For  the purpose of making a determination pursuant to clause (C) of subparagraph (i) of paragraph (c)  of  this  subdivision,  the  court shall  not  be  bound  by  the  findings  of fact, conclusions of law or ultimate conclusion as determined by  the  proceedings  leading  to  the conviction  of  murder in the first or second degree in this state or of an offense in another jurisdiction which, if committed  in  this  state, would  constitute  murder  in  either  the  first or second degree, of a  parent,  legal  guardian,  legal  custodian,  sibling,  half-sibling  or step-sibling  of  a  child  who is the subject of the proceeding. In all proceedings under this section, an attorney shall be appointed  for  the child.   2.  (a) An order directing payment of money for child support shall be enforceable pursuant to section fifty-two hundred forty-one or fifty-two hundred forty-two of the civil practice law and rules or  in  any  other manner  provided  by law. Such orders or judgments for child support and maintenance shall also be enforceable pursuant to article  fifty-two  of the civil practice law and rules upon a debtor's default as such term is defined  in  paragraph  seven  of  subdivision  (a) of section fifty-two hundred forty-one of the civil practice law and rules. The establishment of a default shall be subject to  the  procedures  established  for  the determination  of  a  mistake  of fact for income executions pursuant to subdivision (e) of section fifty-two  hundred  forty-one  of  the  civil practice law and rules. For the purposes of enforcement of child support orders  or combined spousal and child support orders pursuant to section five thousand two hundred forty-one of the civil practice law and rules, a "default" shall be deemed to include amounts arising from  retroactive support.   b.  (1)  When  a  child  receiving  support  is  a  public  assistance recipient, or the order of  support  is  being  enforced  or  is  to  be enforced pursuant to section one hundred eleven-g of the social services law,  the  court shall direct that the child support payments be made to the support collection unit. Unless (i) the court finds and  sets  forth in writing the reasons that there is good cause not to require immediate income  withholding;  or (ii) when the child is not in receipt of public assistance, a written agreement providing for an alternative arrangement has been reached between the parties, the support collection unit  shall issue  an  income  execution  immediately  for child support or combined maintenance and child support, and may issue an  execution  for  medical support  enforcement  in  accordance with the provisions of the order of support. Such written agreement may include an oral stipulation made  on the record resulting in a written order. For purposes of this paragraph, good  cause shall mean substantial harm to the debtor. The absence of an arrearage or  the  mere  issuance  of  an  income  execution  shall  not constitute  good  cause.  When  an  immediate  income  execution  or  an execution for medical support  enforcement  is  issued  by  the  support collection  unit,  such  income  execution  shall  be issued pursuant to section five thousand two hundred forty-one of the  civil  practice  law and  rules,  except  that  the provisions thereof relating to mistake of fact, default and any other provisions which are  not  relevant  to  the issuance  of  an  income  execution pursuant to this paragraph shall not apply; provided, however, that if the support collection unit  makes  an error in the issuance of an income execution pursuant to this paragraph, and such error is to the detriment of the debtor, the support collection unit  shall have thirty days after notification by the debtor to correct the error. Where permitted under federal law and where the record of the proceedings contains such information, such order shall include  on  its face  the  social  security  number  and  the  name  and  address of the employer, if any, of  the  person  chargeable  with  support;  provided, however,  that  failure  to  comply  with  this  requirement  shall  not invalidate such order. When the court  determines  that  there  is  good cause  not  to immediately issue an income execution or when the parties agree to an alternative arrangement as provided in this  paragraph,  the court  shall  provide expressly in the order of support that the support collection  unit  shall  not  issue  an  immediate   income   execution. Notwithstanding  any such order, the support collection unit shall issue  an income execution for support enforcement when the debtor defaults  on the  support obligation, as defined in section five thousand two hundred forty-one of the civil practice law and rules.  (2)  When the court issues an order of child support or combined child and spousal support on behalf of persons other than those in receipt  of public  assistance  or  in  receipt  of services pursuant to section one hundred eleven-g of the social services law, the court  shall  issue  an income  deduction  order  pursuant  to  subdivision  (c) of section five thousand two hundred forty-two of the civil practice law  and  rules  at the  same time it issues the order of support. The court shall enter the income deduction order unless the court finds and sets forth in  writing (i) the reasons that there is good cause not to require immediate income withholding;  or  (ii)  that  an  agreement providing for an alternative arrangement has been reached between the  parties.  Such  agreement  may include  a written agreement or an oral stipulation, made on the record, that results in a written order. For purposes of  this  paragraph,  good cause  shall  mean  substantial  harm  to  the debtor. The absence of an arrearage or the mere issuance of an income deduction  order  shall  not constitute  good  cause. Where permitted under federal law and where the record of the proceedings contains such information,  such  order  shall include  on its face the social security number and the name and address of the  employer,  if  any,  of  the  person  chargeable  with  support; provided,  however,  that  failure to comply with this requirement shall not invalidate the order. When the court determines that there  is  good cause  not  to  issue  an income deduction order immediately or when the parties  agree  to  an  alternative  arrangement  as  provided  in  this paragraph, the court shall provide expressly in the order of support the basis for its decision and shall not issue an income deduction order.   c.  Any  order  of  support  issued on behalf of a child in receipt of family assistance or child  support  enforcement  services  pursuant  to section one hundred eleven-g of the social services law shall be subject to  review  and  adjustment  by  the support collection unit pursuant to section one hundred eleven-n of the social services law. Such review and adjustment shall be in addition to any other  activities  undertaken  by the support collection unit relating to the establishment, modification, and enforcement of support orders payable to such unit.   3.  Order of protection.  a. The court may make an order of protection in assistance or as a condition of  any  other  order  made  under  this section.  The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by any party. Such an order may require any party:  (1) to  stay  away  from  the  home,  school,  business  or  place  of employment  of  the  child, other parent or any other party, and to stay away from any other specific location designated by the court;  (2) to permit a parent, or a person entitled to visitation by a  court order or a separation agreement, to visit the child at stated periods;  (3)  to  refrain  from  committing  a  family  offense,  as defined in subdivision one of section 530.11 of the criminal procedure law, or  any criminal  offense  against  the  child  or  against  the other parent or against any person to whom custody of  the  child  is  awarded  or  from harassing, intimidating or threatening such persons;  (4)  to  permit  a  designated  party  to enter the residence during a specified period of time in order to remove personal belongings  not  in issue  in  a proceeding or action under this chapter or the family court act;  (5) to refrain from acts of commission  or  omission  that  create  an unreasonable risk to the health, safety or welfare of a child;  (6)  to  pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by  such order if such order is issued or enforced;  (7)  to  refrain  from  intentionally  injuring  or  killing,  without justification, any companion animal the respondent knows  to  be  owned, possessed,  leased, kept or held by the person protected by the order or a minor child residing in such person's household.  "Companion  animal," as  used  in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;  (8) (i) to promptly return specified identification documents  to  the protected  party,  in  whose  favor the order of protection or temporary order of protection is issued; provided, however, that such  order  may: (A)  include  any appropriate provision designed to ensure that any such document is available for  use  as  evidence  in  this  proceeding,  and available if necessary for legitimate use by the party against whom such order  is  issued; and (B) specify the manner in which such return shall be accomplished.  (ii) For purposes  of  this  subparagraph,  "identification  document" shall  mean  any  of  the  following: (A) exclusively in the name of the protected party: birth  certificate,  passport,  social  security  card, health  insurance  or  other  benefits  card, a card or document used to access bank, credit or other financial accounts or records, tax returns, any driver's  license,  and  immigration  documents  including  but  not limited  to  a  United  States  permanent  resident  card and employment authorization document; and (B) upon motion  and  after  notice  and  an opportunity  to be heard, any of the following, including those that may reflect joint use or ownership, that the court determines are  necessary and  are  appropriately  transferred to the protected party: any card or document used to access bank, credit  or  other  financial  accounts  or records, tax returns, and any other identifying cards and documents;  (9)  (i)  to  refrain  from remotely controlling any connected devices affecting the home, vehicle or property of the person protected  by  the order.  (ii)  For purposes of this subparagraph, "connected device" shall mean any device, or other physical object that is capable  of  connecting  to the  internet,  directly or indirectly, and that is assigned an internet protocol address or bluetooth address; and  (10) to observe such other conditions as are necessary to further  the purposes of protection.   a-1.  Translation  and  interpretation  of  orders  of protection. The office 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  of protection  is translated in writing into the appropriate language for a party to a proceeding where the court has appointed an interpreter.  The office  of  court administration shall ensure that the standard language of the office of court administration order of protection and  temporary order  of  protection  forms  shall  be  translated  in  writing  in the languages most frequently used in the courts of each judicial department in accordance with paragraph (t)  of  subdivision  two  of  section  two hundred  twelve  of the judiciary law. A copy of the written translation shall be given to each party in the proceeding, along with the  original order or temporary order of protection issued in English. A copy of this written  translation shall also be included as part of the record of the proceeding. The court shall read the essential terms and  conditions  of the order aloud on the record and direct the court appointed interpreter to  interpret the same terms and conditions. Such written translation or interpretation shall not affect the validity or  enforceability  of  the  order.  In  every case a party to a proceeding shall be provided with an English copy of any court order of  protection  or  temporary  order  of protection issued. The authority provided herein shall be in addition to and  shall not be deemed to diminish or reduce any rights of the parties under existing law.   b. An order of protection entered pursuant to this  subdivision  shall bear  in  a  conspicuous  manner,  on  the front page of said order, the language "Order of protection issued pursuant  to  section  two  hundred forty of the domestic relations law". The order of protection shall also contain  the  following notice: "This order of protection will remain in effect even if the protected party has, or consents to have, contact  or communication  with  the  party  against  whom the order is issued. This order of protection can only be modified or terminated by the court. The protected party cannot be held to violate this order nor be arrested for violating this order.". The absence of such language  shall  not  affect the  validity of such order. The presentation of a copy of such an order to any peace officer acting pursuant to his or her  special  duties,  or police officer, shall constitute authority, for that officer to arrest a person  when  that  person  has violated the terms of such an order, and bring such person before the court and, otherwise, so far as lies within the officer's power, to aid in securing the protection  such  order  was intended to afford.   c.  An order of protection entered pursuant to this subdivision may be made in the final judgment in any matrimonial action or in a  proceeding to obtain custody of or visitation with any child under this section, or by  one  or  more orders from time to time before or subsequent to final judgment, or by both such order or orders and the  final  judgment.  The order  of  protection  may  remain  in  effect  after  entry  of a final matrimonial judgment and during the minority of any child whose  custody or  visitation  is the subject of a provision of a final judgment or any order. An order of protection may be entered  notwithstanding  that  the court  for  any  reason  whatsoever,  other  than  lack of jurisdiction, refuses to grant the relief requested in the action or proceeding.   d. The chief administrator of the courts shall promulgate  appropriate uniform  temporary  orders of protection and orders of protection forms, applicable to proceedings under this article, to be used throughout  the state.  Such  forms  shall  be  promulgated and developed in a manner to ensure the compatibility of such forms with the  statewide  computerized registry established pursuant to section two hundred twenty-one-a of the executive law.   e.  No  order of protection may direct any party to observe conditions of behavior unless: (i) the party requesting the order of protection has served and filed an action, proceeding, counter-claim or written  motion and,  (ii) the court has made a finding on the record that such party is entitled to issuance of the order of protection which may result from  a judicial  finding  of  fact,  judicial acceptance of an admission by the party against whom the order was issued or  judicial  finding  that  the party  against  whom  the order is issued has given knowing, intelligent and  voluntary  consent  to  its  issuance.  The  provisions   of   this subdivision  shall not preclude the court from issuing a temporary order of protection upon the court's own motion or where  a  motion  for  such relief  is  made  to  the court, for good cause shown. In any proceeding pursuant to this article, a court shall not deny an order of protection, or dismiss an application for such an order, solely on  the  basis  that the  acts  or events alleged are not relatively contemporaneous with the date of the application or the conclusion of the action. The duration of any temporary order shall not by itself be a factor in  determining  the length or issuance of any final order.    f.  In  addition  to  the foregoing provisions, the court may issue an order, pursuant to  section  two  hundred  twenty-seven-c  of  the  real property  law,  authorizing  the  party  for  whose benefit any order of protection has been issued to terminate  a  lease  or  rental  agreement pursuant to section two hundred twenty-seven-c of the real property law.   g.  Any  party  moving for a temporary order of protection pursuant to this subdivision during hours when the court is open shall  be  entitled to  file  such  motion  or pleading containing such prayer for emergency relief on the same day that such person first appears at such court, and a hearing on the motion or  portion  of  the  pleading  requesting  such emergency  relief shall be held on the same day or the next day that the court is in session following the filing of such motion or pleading.   h. Upon issuance of an order  of  protection  or  temporary  order  of protection  or  upon  a  violation of such order, the court shall make a determination regarding the suspension and revocation of  a  license  to carry,   possess,   repair   or   dispose  of  a  firearm  or  firearms, ineligibility for such a  license  and  the  surrender  of  firearms  in accordance  with  sections  eight  hundred forty-two-a and eight hundred forty-six-a of the family court act, as applicable. Upon issuance of  an order  of  protection  pursuant  to  this section or upon a finding of a violation thereof, the court also may direct payment of  restitution  in an  amount  not  to  exceed  ten  thousand  dollars  in  accordance with subdivision  (e)  of  section  eight  hundred  forty-one  of  such  act; provided,  however,  that  in  no  case shall an order of restitution be issued where the court determines that the party against whom the  order would  be issued has already compensated the injured party or where such compensation is incorporated in a final judgment or  settlement  of  the action.   i.  The  protected  party  in  whose  favor the order of protection or temporary order of protection is issued may not be held to violate  such an  order  nor  may  such protected party be arrested for violating such order.   * 3-a. Service of order of protection. a.  If  a  temporary  order  of protection  has  been  issued  or an order of protection has been issued upon a default, unless the party requesting  the  order  states  on  the record  that  she  or  he  will  arrange  for other means for service or deliver the order to a peace or police officer directly for service, the court shall immediately  deliver  a  copy  of  the  temporary  order  of protection or order of protection to a peace officer, acting pursuant to his  or  her  special duties and designated by the court, or to a police officer as defined in paragraph (b) or (d) of subdivision thirty-four of section 1.20 of the criminal procedure law, or, in the city of New York, to a designated representative of the police department of the  city  of New  York.  Any peace or police officer or designated person receiving a temporary order of protection or an  order  of  protection  as  provided hereunder  shall  serve or provide for the service thereof together with any associated papers that may be served simultaneously, at any  address designated therewith, including the summons and petition or complaint if not  previously served. Service of such temporary order of protection or order of protection and associated papers shall, insofar as practicable, be achieved promptly. An officer or designated person obliged to perform service pursuant to this subdivision, and his or her employer, shall not be liable for damages resulting from failure to achieve  service  where, having  made  a  reasonable effort, such officer or designated person is unable to locate and serve the temporary order of protection or order of protection at any address provided by the party requesting the order.  A statement  subscribed  by the officer or designated person, and affirmed by him or her to be true under the penalties  of  perjury,  stating  the  papers  served,  the  date,  time,  address  or in the event there is no address, place, and manner of service, the name  and  a  brief  physical description  of  the  party  served,  shall  be  proof of service of the summons,  petition  and  temporary  order  of  protection  or  order  of protection.  When  the  temporary  order  of  protection  or  order   of protection  and  other papers, if any, have been served, such officer or designated  person  shall  provide  the  court  with   an   affirmation, certificate  or  affidavit  of service and shall provide notification of the date and time of such service to  the  statewide  computer  registry established   pursuant  to  section  two  hundred  twenty-one-a  of  the executive law.   b.  Notwithstanding  any  other  provision  of  law,  all  orders   of protection  and  temporary  orders of protection filed and entered along with any associated papers that may  be  served  simultaneously  may  be transmitted  by facsimile transmission or electronic means for expedited service in accordance with  the  provisions  of  this  subdivision.  For purposes  of  this subdivision, "facsimile transmission" and "electronic means" shall be as defined in subdivision (f) of rule twenty-one hundred three of the civil practice law and rules.   * NB Separately amended cannot be put together   * 3-a. Service of order of protection. (a) If  a  temporary  order  of protection  has  been  issued  or an order of protection has been issued upon a default, unless the party requesting  the  order  states  on  the record  that  she  or  he  will  arrange  for other means for service or deliver the order to a peace or police officer directly for service, the court shall immediately  deliver  a  copy  of  the  temporary  order  of protection  or  order  of protection together with any associated papers that may be served simultaneously including the summons and petition, to a peace officer, acting pursuant  to  his  or  her  special  duties  and designated  by the court, or to a police officer as defined in paragraph (b) or (d) of subdivision thirty-four of section 1.20  of  the  criminal procedure   law,   or,  in  the  city  of  New  York,  to  a  designated representative of the police department of the city  of  New  York.  Any peace or police officer or designated person receiving a temporary order of  protection  or  an  order  of protection as provided in this section shall serve or  provide  for  the  service  thereof  together  with  any associated  papers  that  may  be  served simultaneously, at any address designated therewith, including the summons and petition or complaint if not previously served. Service of such temporary order of protection  or order of protection and associated papers shall, insofar as practicable, be achieved promptly. An officer or designated person obliged to perform service pursuant to this subdivision, and his or her employer, shall not be  liable  for damages resulting from failure to achieve service where, having made a reasonable effort, such officer or  designated  person  is unable to locate and serve the temporary order of protection or order of protection at any address provided by the party requesting the order.  (b)  When the temporary order of protection or order of protection and associated papers, if any, have been served, such officer or  designated person  shall  provide  the  court  with  an affirmation, certificate or affidavit of service when the temporary order of protection or order  of protection  has  been served, and shall provide notification of the date and time of such service to the statewide computer registry  established pursuant  to  section  two  hundred twenty-one-a of the executive law. A statement subscribed by the officer or designated person,  and  affirmed by  him  or  her  to be true under the penalties of perjury, stating the papers served, the date, time, address or  in  the  event  there  is  no address,  place,  and  manner  of service, the name and a brief physical description of the party served,  shall  be  proof  of  service  of  the  summons,  petition  and  temporary  order  of  protection  or  order  of protection.  (c)  Where  an officer or designated person obliged to perform service pursuant to this section is unable to complete service of the  temporary order  of  protection or order of protection, such officer or designated person shall provide the court with proof of attempted  service  of  the temporary  order  of  protection or order of protection with information regarding the dates, times, locations and manner of  attempted  service. An  affirmation,  certificate  or  affidavit of service with a statement subscribed by the officer or designated person, and affirmed by  him  or her  to  be true under the penalties of perjury, stating the name of the party and the papers attempted to be served on said person, and for each attempted service, the date, time, address or in the event there  is  no address,  place,  and  manner  of  attempted  service, shall be proof of attempted service.  (d) Any peace  or  police  officer  or  designated  person  performing service  under this subdivision shall not charge a fee for such service, including, but not limited to, fees  as  provided  under  section  eight thousand eleven of the civil practice law and rules.   * NB Separately amended cannot be put together   3-b.  Emergency powers; local criminal court. If the court that issued an order of protection or  temporary  order  of  protection  under  this section  or  warrant  in  connection  thereto  is not in session when an arrest is made for an alleged violation of the order or upon  a  warrant issued  in  connection with such violation, the arrested person shall be brought before a local criminal court in the county of arrest or in  the county  in  which  such  warrant  is  returnable pursuant to article one hundred twenty of the criminal  procedure  law  and  arraigned  by  such court.  Such  local  criminal  court  shall  order the commitment of the arrested person to the custody of the sheriff, admit to, fix  or  accept bail,  or release the arrested person on his or her recognizance pending appearance in the court that issued the order of  protection,  temporary order  of  protection  or  warrant.  In  making  such  order, such local criminal court shall consider the bail recommendation, if any,  made  by the  supreme  or family court as indicated on the warrant or certificate of warrant. Unless the petitioner or complainant requests otherwise, the court, in addition to scheduling further criminal proceedings,  if  any, regarding  such  alleged  family  offense or violation allegation, shall make  such  matter  returnable  in  the  supreme  or  family  court,  as applicable, on the next day such court is in session.   3-c.  Orders  of  protection;  filing  and enforcement of out-of-state orders. A valid order of protection or  temporary  order  of  protection issued   by   a  court  of  competent  jurisdiction  in  another  state, territorial or tribal jurisdiction shall  be  accorded  full  faith  and credit and enforced as if it were issued by a court within the state for as  long  as  the order remains in effect in the issuing jurisdiction in accordance with sections two thousand two  hundred  sixty-five  and  two thousand  two  hundred  sixty-six of title eighteen of the United States Code.   a. An order issued by a court of  competent  jurisdiction  in  another state, territorial or tribal jurisdiction shall be deemed valid if:  (1)  the  issuing court had personal jurisdiction over the parties and over the subject matter under the law of the issuing jurisdiction;  (2) the person against whom the order was issued had reasonable notice and an opportunity to be heard prior to issuance of the order; provided, however, that if the order was a temporary order of protection issued in the absence of such person, that notice  had  been  given  and  that  an  opportunity  to be heard had been provided within a reasonable period of time after the issuance of the order; and  (3)  in  the  case  of  orders  of  protection  or temporary orders of protection issued against both a petitioner and respondent, the order or portion thereof sought to be enforced was supported by: (i)  a  pleading requesting  such  order,  including,  but  not  limited  to, a petition, cross-petition or counterclaim; and (ii) a  judicial  finding  that  the requesting  party  is  entitled  to the issuance of the order, which may result from a judicial  finding  of  fact,  judicial  acceptance  of  an admission  by  the  party  against whom the order was issued or judicial finding that the party against  whom  the  order  was  issued  had  give knowing, intelligent and voluntary consent to its issuance.   b.  Notwithstanding  the provisions of article fifty-four of the civil practice law and rules, an order of protection  or  temporary  order  of protection issued by a court of competent jurisdiction in another state, territorial  or  tribal  jurisdiction,  accompanied by a sworn affidavit that upon information and belief such order is in effect as written  and has  not  been  vacated  or  modified, may be filed without fee with the clerk of the court, who shall transmit information regarding such  order to   the  statewide  registry  of  orders  of  protection  and  warrants established  pursuant  to  section  two  hundred  twenty-one-a  of   the executive  law;  provided,  however, that such filing and registry entry shall not be required for enforcement of the order.   4. One-time  adjustment  of  child  support  orders  issued  prior  to September  fifteenth, nineteen hundred eighty-nine. Any party to a child support order issued prior  to  September  fifteenth,  nineteen  hundred eighty-nine  on the behalf of a child in receipt of public assistance or child support services pursuant to section one hundred eleven-g  of  the social  services  law  may  request  that  the  support  collection unit undertake one review of the order for adjustment  purposes  pursuant  to section  one  hundred  eleven-h of the social services law. A hearing on the adjustment of such order shall be  granted  upon  the  objection  of either  party pursuant to the provisions of this section. An order shall be adjusted if as of the date of the support collection unit's review of the correct amount of  child  support  as  calculated  pursuant  to  the provisions  of  this  section would deviate by at least ten percent from the child support ordered in the current order of support. Additionally, a new order shall be issued upon a showing that  the  current  order  of support  does not provide for the health care needs of the child through insurance or otherwise. Eligibility of the child for medical  assistance shall  not  relieve any obligation the parties otherwise have to provide for the health care needs of the child. The  support  collection  unit's review  of  a child support order shall be made on notice to all parties to the current support order. Nothing herein shall be deemed in any  way to limit, restrict, expand or impair the rights of any party to file for a modification of a child support order as is otherwise provided by law.  (1)  Upon  mailing  of  an  adjustment finding and where appropriate a proposed order in conformity with such finding filed by either party  or by the support collection unit, a party shall have thirty-five days from the  date  of mailing to submit to the court identified thereon specific written objections to such finding and proposed order.  (a) If specific written objections are submitted by either party or by the support collection unit, a hearing shall be scheduled by  the  court on notice to the parties and the support collection unit, who then shall have the right to be heard by the court and to offer evidence in support of or in opposition to adjustment of the support order.  (b)  The  party  filing the specific written objections shall bear the burden of going forward and the burden of proof; provided, however, that  if the support collection unit has failed to provide  the  documentation and  information required by subdivision fourteen of section one hundred eleven-h of the social services law, the court shall first  require  the support collection unit to furnish such documents and information to the parties and the court.  (c)  If  the  court  finds by a preponderance of the evidence that the specific  written  objections  have  been  proven,   the   court   shall recalculate  or readjust the proposed adjusted order accordingly or, for good cause, shall remand the order to the support  collection  unit  for submission  of  a  new  proposed adjusted order. Any readjusted order so issued by the court or resubmitted by the support collection unit  after a  remand  by  the  court shall be effective as of the date the proposed adjusted order  would  have  been  effective  had  no  specific  written objections been filed.  (d)  If  the court finds that the specific written objections have not been proven  by  a  preponderance  of  the  evidence,  the  court  shall immediately  issue  the  adjusted  order  as  submitted  by  the support collection unit, which shall be effective as of the date the order would have been effective had no specific written exceptions been filed.  (e) If the court  receives  no  specific  written  objections  to  the support  order  within  thirty-five  days of the mailing of the proposed order the clerk of the court shall immediately enter the  order  without further  review, modification, or other prior action by the court or any judge or support magistrate thereof, and  the  clerk  shall  immediately transmit  copies  of  the  order  of  support  to the parties and to the support collection unit.  (2) A motion to vacate an order of support adjusted pursuant  to  this section  may  be  made  no  later than forty-five days after an adjusted support order is  executed  by  the  court  where  no  specific  written objections to the proposed order have been timely received by the court. Such  motion  shall  be  granted  only upon a determination by the court issuing such order that personal jurisdiction was  not  timely  obtained over the moving party.   * 5. Provision of child support orders to the state case registry. The court  shall  direct  that a copy of any child support or combined child and spousal support order issued by the court on or after the first  day of  October, nineteen hundred ninety-eight, in any proceeding under this section be provided promptly to  the  state  case  registry  established pursuant  to  subdivision  four-a of section one hundred eleven-b of the social services law.   * NB There are 2 subdivision 5's   * 5. On-going cost of living adjustment of child support orders issued prior to September fifteenth, nineteen hundred eighty-nine. Any party to a child support order issued  prior  to  September  fifteenth,  nineteen hundred  eighty-nine  on  the  behalf  of  a  child in receipt of public assistance or child support services pursuant  to  section  one  hundred eleven-g  of  the  social  services  law  may  request  that the support collection unit review the order for a  cost  of  living  adjustment  in accordance  with  the  provisions of section two hundred forty-c of this article.   * NB There are 2 subdivision 5's