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FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF ____________

———————————————————————–x

In the Matter of a Proceeding Under

Article 4 of the Family Court Act,

 

________________,

                                                Petitioner,            PETITION FOR   MODIFICATION


                                                                                OF SUPPORT ORDER MADE

            -against-                                                      BY ANOTHER COURT

                                                                                               

                                                                                                Docket No.                

_________________,

 

                                                Respondent.

———————————————————————–x

 

TO THE FAMILY COURT:

 

The undersigned Petitioner, ____________, respectfully shows that:

 

 

1.         I am the Petitioner named herein and I reside at ______________________________.

 

2.         The Respondent, _______________, resides at ____________________________.

3.         The name and date of birth of the child affected by this order is _____________, born _________________.

4.         The Petitioner was the Plaintiff/Defendant in an action instituted in the Supreme Court of the State of New York, under the Index Number __________, which resulted in a divorce granted on ______________.

 

5.         Under the terms of the Judgment of Divorce and pursuant to the parties’ Stipulation of Settlement, the Petitioner was ordered to pay child support for the support of ______________, born ___________, in the sum of $_______ bi-weekly, to be paid through _____________________.  A copy of the parties’ Judgment of Divorce is annexed as Exhibit “A”,   and  the parties’ Stipulation of Settlement ______________________, copies of which are annexed hereto as Exhibit “B”.

6.         Since the entry of the Judgment there has been a change in circumstances which warrants a modification of Petitioner’s child support obligation, in that the parties’ younger child, ______________, _____________________________________________________________________________________.

7.         In addition, the ___________________________________________.

 

8.         By reason of the above change in circumstances, the Petitioner’s child support obligations should be modified in the following respect:

 

  1. Petitioner’s Child Support Obligation, pursuant to the parties’ Stipulation dated _________ and subsequent agreement dated _____________, should be vacated based upon the change of circumstances as outlined above.  In the alternative the Petitioner’s child support obligations should be modified reflecting his current income and such child support obligation should be offset by _______________________________________________.

 

9.         Under the terms of the Judgment, the Supreme Court of New York, Suffolk County, has not retained exclusive jurisdiction to enforce said judgment, and this Court has jurisdiction to modify the aforesaid Judgment.

 

 

WHEREFORE, THE RESPONDENT RESPECTFULLY PRAYS THAT SAID ORDER BE MODIFIED IN THE RESPECT SET FORTH HEREIN BASED ON THE DOCUMENTATION ATTACHED HERETO AND FOR SUCH OTHER RELIEF AS THE COURT MAY DEEM JUST AND PROPER.

 

NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY, AFTER COURT HEARING, RESULT IN YOUR COMMITMENT TO JAIL FOR A PERIOD NOT TO EXCEED 6 MONTHS FOR CONTEMPT OF COURT.  SPECIFIC WRITTEN OBJECTION TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIHN THIRTY (30) DAYS AFTER THE ENTRY OF THIS ORDER.

 

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 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 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.

 

 

WHEREFORE, the undersigned respectfully prays that said judgment be modified in the respects set forth herein and for such other relief as to the Court may seem just and proper.

 

 

 

________________________________

_________________, Petitioner

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton), for reference only. Statutes and codes such asDomestic 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. 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. AN ATTORNEY SHOULD BE CONSULTED FOR LEGAL ADVICE.

VERIFICATION

 

 

STATE OF NEW YORK                    )

)           ss.:

COUNTY OF SUFFOLK                   )

 

____________________, being duly sworn, says that he is the Petitioner in the above-entitled proceeding and that the foregoing petition is true to his own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters he believes to be true.

 

________________________________

_______________________

 

 

 

Sworn to before me this

day of _________________

 

 

_________________________________

NOTARY PUBLIC – STATE OF NEW YORK

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton), for reference only. Statutes and codes such asDomestic 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. 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. AN ATTORNEY SHOULD BE CONSULTED FOR LEGAL ADVICE.

 

 

 

 

 

 

 

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