§ 542 — Order of filiation

New York § 542

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Orders
• Art. 5: Paternity Proceedings

Text

§ 542. Order of filiation. (a) If the court finds the male party is\nthe father of the child, it shall make an order of filiation, declaring\npaternity. Such order shall contain the social security number of the\ndeclared father.\n (b) If the respondent willfully fails to appear before the court\nsubsequent to the administration and analysis of a genetic marker test\nor DNA test administered pursuant to sections four hundred eighteen and\nfive hundred thirty-two of this act or section one hundred eleven-k of\nthe social services law, and if such test does not exclude the\nrespondent as being the father of the child or the court determines that\nthere exists clear and convincing evidence of paternity, the court shall\nenter an order of temporary support notwithstanding that paternity of\nsuch child has not been established nor an order of filiation entered\nagainst the respondent. The respondent shall be prospectively relieved\nfrom liability for support under such order of temporary support upon\nthe respondent's appearance before the court.\n (c) If the respondent willfully fails to comply with an order made by\neither the court pursuant to sections four hundred eighteen and five\nhundred thirty-two of this act or by a social services official or\ndesignee pursuant to section one hundred eleven-k of the social services\nlaw, and willfully fails to appear before the court when otherwise\nrequired, the court shall enter an order of temporary support\nnotwithstanding that paternity of the subject child has not been\nestablished nor an order of filiation entered against the respondent.\nThe respondent shall be prospectively relieved from liability for\nsupport under such order of temporary support upon the respondent's\ncompliance with such order and subsequent appearance before the court.\n