2023 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.
(a-3)  Court  ordered forensic evaluations involving child custody and
visitation. (1) The court may appoint a forensic evaluator on behalf  of
the  court  to  evaluate  and  investigate  the  parties  and a child or
children in a proceeding involving child custody and visitation provided
that the child custody forensic  evaluator  is  a  psychologist,  social
worker  or psychiatrist who is licensed in the state of New York and has
received within the last two years, a certification  of  completion  for
completing the training program pursuant to paragraph (o) of subdivision
three of section five hundred seventy-five of the executive law.
(2)   Notwithstanding  any  provision  of  law  to  the  contrary,  no
individual  shall  be  appointed  by  a  court  to  conduct  a  forensic
evaluation  in  a  proceeding  involving  child  custody  and visitation
pursuant to this paragraph unless such individual  has  received  within
the  last  two  years,  a certification of completion for completing the
training program pursuant to  paragraph  (o)  of  subdivision  three  of
section five hundred seventy-five of the executive law.
(3)  A  psychologist,  social  worker  or  psychiatrist  authorized to
conduct court ordered child custody  forensic  evaluations  pursuant  to
this section shall notify the court in which such individual requests to
be  considered  for  such  court  ordered evaluations. Any psychologist,
social worker or psychiatrist who no longer meets  the  requirements  of
this  section  in  regards  to  completing within the last two years the
training program pursuant to  paragraph  (o)  of  subdivision  three  of
section  five  hundred  seventy-five  of  the  executive  law  shall  be
obligated  to  inform  such   courts   within   seventy-two   hours   of
noncompliance  so  as to be removed from consideration for court ordered
evaluations.
(4) Upon appointment, the  court  shall  require  such  child  custody
forensic  evaluator to show proof of certification for completing within

the last two years the training program pursuant  to  paragraph  (o)  of
subdivision  three of section five hundred seventy-five of the executive
law.
(5)  A  court shall appoint a forensic evaluator who has completed the
training program pursuant to  paragraph  (o)  of  subdivision  three  of
section five hundred seventy-five of the executive law when the child is
living  out-of-state  and is farther than one hundred miles from the New
York  state  border;  provided,  however,  that  such  forensic  custody
evaluation   may   be  conducted  remotely  utilizing  videoconferencing
technology. The evaluator must take all steps  reasonably  available  to
protect   the   confidentiality  of  the  child's  disclosures  for  any
evaluation conducted remotely utilizing videoconferencing technology, as
needed.
(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