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Sample New York Family Court Petition for Support (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

 

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF ____________

__________________________________

 
 

In the Matter of a Proceeding under

Article 4 the Family Court Act

 

________________

                                         Petitioner,

 

                     – against -

 

________________

Respondent.

__________________________________

 

 

 

 

 

 

PETITION FOR SUPPORT

 

 

Docket #:

 

TO THE FAMILY COURT:

 

 

The Petitioner’s Social Security number is  __________ and the Respondent’s Social Security number is   _______________.

 

The undersigned Petitioner respectfully shows:

 

1.         That _____________ is the Petitioner and resides at

___________________.

 

2.         That Respondent resides at   _________________.

 

3.         Petitioner is authorized to originate this proceeding in that Petitioner is the mother of the infant issue _______________, born on the ________________.

 

4.         Respondent is chargeable with the support of following dependents:

 

_______________________.

 

5.         The Respondent is the father of the said child.  True copies of the Birth Certificate and Acknowledgment of Paternity are annexed hereto as exhibit  “A” and made a part hereof.

 

 

6.         Petitioner hereby requests an order directing the Respondent to pay child support pursuant to the Child Support Standards Act, through the Support Collection Unit and for support of the infant child of the parties.

 

In addition, said order to require the Respondent to pay child care expenses pursuant to the Child Support Standards Act, through the Support Collection Unit.

 

Moreover, said order to require the Respondent to pay a percentage of unreimbursed medical expenses pursuant to the Child Support Standards Act, payable to the Petitioner.

 

In addition, said order to require the Respondent to pay a percentage of the medical and life insurance premiums.

 

 

Additionally, the Petitioner requests an order directing Respondent to pay reasonable counsel fees pursuant to Sec. 438 of the Family Court Act.

 

Moreover, __________________________________________

 

 

7.         Respondent, on or about  has failed to provide fair and reasonable support for the dependent according to Respondent’s means and earning capacity.

 

8.         No previous application has been made to any Court or Judge for the relief herein requested, except ______

 

9.         Petitioner hereby makes application for child support enforcement services by the filing of this petition.

 

 

          WHEREFORE, the Petitioner requests that the agreement of support annexed to this petition be approved and confirmed pursuant to Article 4 of the Family Court Act and that an order of support upon the agreement be entered by this Court and that Respondent be required to exercise the option of additional coverage for health insurance in favor of (his)(her) spouse and above-named child(ren).

 

NOTE: (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 I N 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 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, AS REQUIRED BY SECTION FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED ORDER CAN BE SENT, 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.

 

 

 

_______________________________

Petitioner

 

_____________________

Address

 

_____________________

Telephone Number

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED A COMPETENT ATTORNEY SHALL BE CONSULTED.
STATE OF NEW YORK                    )

ss.:

COUNTY OF _________                   )

 

___________being duly sworn, says that person is the Petitioner in the above-entitled proceeding and that the foregoing petition is true to_______own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters ______believes it to be true.

 

________________________________

____________

 

 

Sworn to before me this      day

of                .

 

 

_________________________________

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED A COMPETENT ATTORNEY SHALL BE CONSULTED.

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