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Petition For Enforcement Of Order Made By Another Court 4-13 - New York
| Petition For Enforcement Of Order Made By Another Court Form. This is a New York form and can be used in Child Support Family Court Statewide . |
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F.C.A. §§ 440, 461, 466, 467, S.S.L. § 111-g [NOTE: Personal Information Form 4-5/5-1d, containing social security numbers of parties and dependents, must be filed with this Petition] FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ....................................................................................... In the Matter of a Proceeding for Support Under Article 4 of the Family Court Act (Commissioner of Social Services, Assignee on behalf of ,Assignor) Petitioner, Form 4-13 (Support - Petition for Enforcement of Order Made by Another Court) 6/2012 Docket No. PETITION FOR ENFORCEMENT OF AN ORDER OF SUPPORT MADE BY ANOTHER COURT -against- Respondent. ................................................................................... WARNING: THE PURPOSE OF THE HEARING REQUESTED IN THIS PETITION IS TO PUNISH [SPECIFY NAME]: FOR CONTEMPT OF COURT, WHICH MAY INCLUDE SANCTIONS OF A FINE OR IMPRISONMENT OR BOTH. YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. TO THE FAMILY COURT: The Petitioner respectfully alleges that: 1. a. I am [check applicable box]: Qan individual and am related to the child(ren) as follows [specify]: I reside at [specify]:1 Q an assignee agency, which has its place of business at [specify]: Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). 1 American LegalNet, Inc. www.FormsWorkFlow.com Form 4-13 page 2 b. [Applicable where Petitioner is assignee]: Assignor resides at [specify]: 2 c. Respondent resides at [specify]:3 2. a. I was the G petitioner G respondent in an action instituted in the G Supreme Court of the State of New York, [specify county]: County G Other Court [specify other court]: Court of b. The action was named [specify]: , Index/Docket No.[specify]: Respondent was G petitioner G respondent in the action. 3. A G judgment G order, dated Respondent was directed to [specify]: , , was made in that action and the A true copy of the G judgment G order is attached and made a part of this Petition. 4.The names, addresses4 and dates of birth of all child(ren) affected by this order are: Address Date of Birth Names .[Check applicable box(es)]:] G. Under the terms of the Gjudgment G order, the GSupreme Court G other court [specify]: G has G has not retained exclusive jurisdiction to modify the Gjudgment G order. G The other court is a court of competent jurisdiction outside the State of New York . 6. (Upon information and belief) Respondent has failed to comply with the order of the GSupreme Court G other court [specify]: in that [specify provision(s) of order alleged to be violated and nature of violation(s)]: [Check if applicable]: 7. G Respondent's failure to comply was willful. 8. No previous application has been made to any judge or court, including a Native American 2 See note 1. See note 1. 3 4 Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). American LegalNet, Inc. www.FormsWorkFlow.com Form 4-13 page 3 tribunal, or is presently pending before any judge or court, for the relief requested in this petition (except [specify]: 9. I (or Assignor if Petitioner is Commissioner): [check applicable box]: G have applied for child support services with the local Department of Social Services. G am now requesting child support services by the filing of this Petition.5 G have continued to receive child support services after the public assistance or care case has closed. G do not wish to make application for child support services. G am not eligible for child support enforcement services). [Petitioners seeking only spousal support are ineligible.] 10. The last order of support G was G was not payable through the Support Collection Unit. WHEREFORE, Petitioner requests that the Respondent be dealt with in accordance with Article 4 of the Family Court Act. NOTE:6 (1) A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY THE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT STANDARDS ACT. (2) A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN Pursuant to Section 111-g of the Social Services Law, signing this petition is deemed to be an application for child support enforcement services. 5 Not applicable to out-of-state orders entered in New York State for enforcement purposes only. 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 4-13 page 4 TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER. (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS TO WHICH AN ADJUSTED ORDER CAN BE SENT, AS REQUIRED BY SECTION 443 OF THE FAMILY COURT ACT. THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. Date: __ _____________________________ Petitioner __________________________________ Print or type name __________________________________ Signature of Attorney, if any __________________________________ Attorney's Name (Print or Type) __________________________________ __________________________________ __________________________________ Attorney's
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