§ 240 — Custody and child support; orders of protection

New York § 240

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Art. 13: Provisions Applicable to More Than One Type of Matrimonial Action

Text

§ 240. Custody and child support; orders of protection. 1. (a) In any\naction or proceeding brought (1) to annul a marriage or to declare the\nnullity of a void marriage, or (2) for a separation, or (3) for a\ndivorce, or (4) to obtain, by a writ of habeas corpus or by petition and\norder to show cause, the custody of or right to visitation with any\nchild of a marriage, the court shall require verification of the status\nof any child of the marriage with respect to such child's custody and\nsupport, including any prior orders, and shall enter orders for custody\nand support as, in the court's discretion, justice requires, having\nregard to the circumstances of the case and of the respective parties\nand to the best interests of the child and subject to the provisions of\nsubdivision one-c of this section. Where either party to an action\nconcerning custody of or a right to visitation with a child alleges in a\nsworn petition or complaint or sworn answer, cross-petition,\ncounterclaim or other sworn responsive pleading that the other party has\ncommitted an act of domestic violence against the party making the\nallegation or a family or household member of either party, as such\nfamily or household member is defined in article eight of the family\ncourt act, and such allegations are proven by a preponderance of the\nevidence, the court must consider the effect of such domestic violence\nupon the best interests of the child, together with such other facts and\ncircumstances as the court deems relevant in making a direction pursuant\nto this section and state on the record how such findings, facts and\ncircumstances factored into the direction. If a parent makes a good\nfaith allegation based on a reasonable belief supported by facts that\nthe child is the victim of child abuse, child neglect, or the effects of\ndomestic violence, and if that parent acts lawfully and in good faith in\nresponse to that reasonable belief to protect the child or seek\ntreatment for the child, then that parent shall not be deprived of\ncustody, visitation or contact with the child, or restricted in custody,\nvisitation or contact, based solely on that belief or the reasonable\nactions taken based on that belief. If an allegation that a child is\nabused is supported by a preponderance of the evidence, then the court\nshall consider such evidence of abuse in determining the visitation\narrangement that is in the best interest of the child, and the court\nshall not place a child in the custody of a parent who presents a\nsubstantial risk of harm to that child, and shall state on the record\nhow such findings were factored into the determination. Where a\nproceeding filed pursuant to article ten or ten-A of the family court\nact is pending at the same time as a proceeding brought in the supreme\ncourt involving the custody of, or right to visitation with, any child\nof a marriage, the court presiding over the proceeding under article ten\nor ten-A of the family court act may jointly hear the dispositional\nhearing on the petition under article ten or the permanency hearing\nunder article ten-A of the family court act and, upon referral from the\nsupreme court, the hearing to resolve the matter of custody or\nvisitation in the proceeding pending in the supreme court; provided\nhowever, the court must determine custody or visitation in accordance\nwith the terms of this section.\n An order directing the payment of child support shall contain the\nsocial security numbers of the named parties. In all cases there shall\nbe no prima facie right to the custody of the child in either parent.\nSuch direction shall make provision for child support out of the\nproperty of either or both parents. The court shall make its award for\nchild support pursuant to subdivision one-b of this section. Such\ndirection may provide for reasonable visitation rights to the maternal\nand/or paternal grandparents of any child of the parties. Such direction\nas it applies to rights of visitation with a child remanded or placed in\nthe care of a person, official, agency or institution pursuant to\narticle ten of the family court act, or pursuant to an instrument\napproved under section three hundred fifty-eight-a of the social\nservices law, shall be enforceable pursuant to part eight of article ten\nof the family court act and sections three hundred fifty-eight-a and\nthree hundred eighty-four-a of the social services law and other\napplicable provisions of law against any person having care and custody,\nor temporary care and custody, of the child. Notwithstanding any other\nprovision of law, any written application or motion to the court for the\nestablishment, modification or enforcement of a child support obligation\nfor persons not in receipt of public assistance and care must contain\neither a request for child support enforcement services which would\nauthorize the collection of the support obligation by the immediate\nissuance of an income execution for support enforcement as provided for\nby this chapter, completed in the manner specified in section one\nhundred eleven-g of the social services law; or a statement that the\napplicant has applied for or is in receipt of such services; or a\nstatement that the applicant knows of the availability of such services,\nhas declined them at this time and where support enforcement services\npursuant to section one hundred eleven-g of the social services law have\nbeen declined that the applicant understands that an income deduction\norder may be issued pursuant to subdivision (c) of section fifty-two\nhundred forty-two of the civil practice law and rules without other\nchild support enforcement services and that payment of an administrative\nfee may be required. The court shall provide a copy of any such request\nfor child support enforcement services to the support collection unit of\nthe appropriate social services district any time it directs payments to\nbe made to such support collection unit. Additionally, the copy of any\nsuch request shall be accompanied by the name, address and social\nsecurity number of the parties; the date and place of the parties'\nmarriage; the name and date of birth of the child or children; and the\nname and address of the employers and income payors of the party from\nwhom child support is sought or from the party ordered to pay child\nsupport to the other party. Such direction may require the payment of a\nsum or sums of money either directly to the custodial parent or to third\npersons for goods or services furnished for such child, or for both\npayments to the custodial parent and to such third persons; provided,\nhowever, that unless the party seeking or receiving child support has\napplied for or is receiving such services, the court shall not direct\nsuch payments to be made to the support collection unit, as established\nin section one hundred eleven-h of the social services law. Every order\ndirecting the payment of support shall require that if either parent\ncurrently, or at any time in the future, has health insurance benefits\navailable that may be extended or obtained to cover the child, such\nparent is required to exercise the option of additional coverage in\nfavor of such child and execute and deliver to such person any forms,\nnotices, documents or instruments necessary to assure timely payment of\nany health insurance claims for such child.\n (a-1)(1) Permanent and initial temporary orders of custody or\nvisitation. Prior to the issuance of any permanent or initial temporary\norder of custody or visitation, the court shall conduct a review of the\ndecisions and reports listed in subparagraph three of this paragraph.\n (2) Successive temporary orders of custody or visitation. Prior to the\nissuance of any successive temporary order of custody or visitation, the\ncourt shall conduct a review of the decisions and reports listed in\nsubparagraph three of this paragraph, unless such a review has been\nconducted within ninety days prior to the issuance of such order.\n (3) Decisions and reports for review. The court shall conduct a review\nof the following:\n (i) related decisions in court proceedings initiated pursuant to\narticle ten of the family court act, and all warrants issued under the\nfamily court act; and\n (ii) reports of the statewide computerized registry of orders of\nprotection established and maintained pursuant to section two hundred\ntwenty-one-a of the executive law, and reports of the sex offender\nregistry established and maintained pursuant to section one hundred\nsixty-eight-b of the correction law.\n (4) Notifying counsel and issuing orders. Upon consideration of\ndecisions pursuant to article ten of the family court act, and registry\nreports and notifying counsel involved in the proceeding, or in the\nevent of a self-represented party, notifying such party of the results\nthereof, including any court appointed attorney for children, the court\nmay issue a temporary, successive temporary or final order of custody or\nvisitation.\n (5) Temporary emergency order. Notwithstanding any other provision of\nthe law, upon emergency situations, including computer malfunctions, to\nserve the best interest of the child, the court may issue a temporary\nemergency order for custody or visitation in the event that it is not\npossible to timely review decisions and reports on registries as\nrequired pursuant to subparagraph three of this paragraph.\n (6) After issuing a temporary emergency order. After issuing a\ntemporary emergency order of custody or visitation, the court shall\nconduct reviews of the decisions and reports on registries as required\npursuant to subparagraph three of this paragraph within twenty-four\nhours of the issuance of such temporary emergency order. Should such\ntwenty-four hour period fall on a day when court is not in session, then\nthe required reviews shall take place the next day the court is in\nsession. Upon reviewing decisions and reports the court shall notify\nassociated counsel, self-represented parties and attorneys for children\npursuant to subparagraph four of this paragraph and may issue temporary\nor permanent custody or visitation orders.\n (7) Feasibility study. The commissioner of the office of children and\nfamily services, in conjunction with the office of court administration,\nis hereby authorized and directed to examine, study, evaluate and make\nrecommendations concerning the feasibility of the utilization of\ncomputers in courts which are connected to the statewide central\nregister of child abuse and maltreatment established and maintained\npursuant to section four hundred twenty-two of the social services law,\nas a means of providing courts with information regarding parties\nrequesting orders of custody or visitation. Such commissioner shall make\na preliminary report to the governor and the legislature of findings,\nconclusions and recommendations not later than January first, two\nthousand nine, and a final report of findings, conclusions and\nrecommendations not later than June first, two thousand nine, and shall\nsubmit with the reports such legislative proposals as are deemed\nnecessary to implement the commissioner's recommendations.\n (a-2) Military service by parent; effect on child custody orders. (1)\nDuring the period of time that a parent is activated, deployed or\ntemporarily assigned to military service, such that the parent's ability\nto continue as a joint caretaker or the primary caretaker of a minor\nchild is materially affected by such military service, any orders issued\npursuant to this section, based on the fact that the parent is\nactivated, deployed or temporarily assigned to military service, which\nwould materially affect or change a previous judgment or order regarding\ncustody of that parent's child or children as such judgment or order\nexisted on the date the parent was activated, deployed, or temporarily\nassigned to military service, shall be subject to review pursuant to\nsubparagraph three of this paragraph. Any relevant provisions of the\nService Member's Civil Relief Act shall apply to all proceedings\ngoverned by this section.\n (2) During such period, the court may enter an order to modify custody\nif there is clear and convincing evidence that the modification is in\nthe best interests of the child. An attorney for the child shall be\nappointed in all cases where a modification is sought during such\nmilitary service. Such order shall be subject to review pursuant to\nsubparagraph three of this paragraph. When entering an order pursuant to\nthis section, the court shall consider and provide for, if feasible and\nif in the best interests of the child, contact between the military\nservice member and his or her child, including, but not limited to,\nelectronic communication by e-mail, webcam, telephone, or other\navailable means. During the period of the parent's leave from military\nservice, the court shall consider the best interests of the child when\nestablishing a parenting schedule, including visiting and other contact.\nFor such purposes, a "leave from military service" shall be a period of\nnot more than three months.\n (3) Unless the parties have otherwise stipulated or agreed, if an\norder is issued pursuant to this paragraph, the return of the parent\nfrom active military service, deployment or temporary assignment shall\nbe considered a substantial change in circumstances. Upon the request of\neither parent, the court shall determine on the basis of the child's\nbest interests whether the custody judgment or order previously in\neffect should be modified.\n (4) This paragraph shall not apply to assignments to permanent duty\nstations or permanent changes of station.\n (a-3) Court ordered forensic evaluations involving child custody and\nvisitation. (1) The court may appoint a forensic evaluator on behalf of\nthe court to evaluate and investigate the parties and a child or\nchildren in a proceeding involving child custody and visitation provided\nthat the child custody forensic evaluator is a psychologist, social\nworker or psychiatrist who is licensed in the state of New York and has\nreceived within the last two years, a certification of completion for\ncompleting the training program pursuant to paragraph (o) of subdivision\nthree of section five hundred seventy-five of the executive law.\n (2) Notwithstanding any provision of law to the contrary, no\nindividual shall be appointed by a court to conduct a forensic\nevaluation in a proceeding involving child custody and visitation\npursuant to this paragraph unless such individual has received within\nthe last two years, a certification of completion for completing the\ntraining program pursuant to paragraph (o) of subdivision three of\nsection five hundred seventy-five of the executive law.\n (3) A psychologist, social worker or psychiatrist authorized to\nconduct court ordered child custody forensic evaluations pursuant to\nthis section shall notify the court in which such individual requests to\nbe considered for such court ordered evaluations. Any psychologist,\nsocial worker or psychiatrist who no longer meets the requirements of\nthis section in regards to completing within the last two years the\ntraining program pursuant to paragraph (o) of subdivision three of\nsection five hundred seventy-five of the executive law shall be\nobligated to inform such courts within seventy-two hours of\nnoncompliance so as to be removed from consideration for court ordered\nevaluations.\n (4) Upon appointment, the court shall require such child custody\nforensic evaluator to show proof of certification for completing within\nthe last two years the training program pursuant to paragraph (o) of\nsubdivision three of section five hundred seventy-five of the executive\nlaw.\n (5) A court shall appoint a forensic evaluator who has completed the\ntraining program pursuant to paragraph (o) of subdivision three of\nsection five hundred seventy-five of the executive law when the child is\nliving out-of-state and is farther than one hundred miles from the New\nYork state border; provided, however, that such forensic custody\nevaluation may be conducted remotely utilizing videoconferencing\ntechnology. The evaluator must take all steps reasonably available to\nprotect the confidentiality of the child's disclosures for any\nevaluation conducted remotely utilizing videoconferencing technology, as\nneeded.\n (b) As used in this section, the following terms shall have the\nfollowing meanings:\n (1) "Health insurance benefits" means any medical, dental, optical and\nprescription drugs and health care services or other health care\nbenefits that may be provided for a dependent through an employer or\norganization, including such employers or organizations which are self\ninsured, or through other available health insurance or health care\ncoverage plans.\n (2) "Available health insurance benefits" means any health insurance\nbenefits that are reasonable in cost and that are reasonably accessible\nto the person on whose behalf the petition is brought. Health insurance\nbenefits that are not reasonable in cost or whose services are not\nreasonably accessible to such person, shall be considered unavailable.\n (3) When the person on whose behalf the petition is brought is a child\nin accordance with paragraph (c) of this subdivision, health insurance\nbenefits shall be considered "reasonable in cost" if the cost of health\ninsurance benefits does not exceed five percent of the combined parental\ngross income. The cost of health insurance benefits shall refer to the\ncost of the premium and deductible attributable to adding the child or\nchildren to existing coverage or the difference between such costs for\nself-only and family coverage. Provided, however, the presumption that\nthe health insurance benefits are reasonable in cost may be rebutted\nupon a finding that the cost is unjust or inappropriate which finding\nshall be based on the circumstances of the case, the cost and\ncomprehensiveness of the health insurance benefits for which the child\nor children may otherwise be eligible, and the best interests of the\nchild or children. In no instance shall health insurance benefits be\nconsidered "reasonable in cost" if a parent's share of the cost of\nextending such coverage would reduce the income of that parent below the\nself-support reserve. Health insurance benefits are "reasonably\naccessible" if the child lives within the geographic area covered by the\nplan or lives within thirty minutes or thirty miles of travel time from\nthe child's residence to the services covered by the health insurance\nbenefits or through benefits provided under a reciprocal agreement;\nprovided, however, this presumption may be rebutted for good cause shown\nincluding, but not limited to, the special health needs of the child.\nThe court shall set forth such finding and the reasons therefor in the\norder of support.\n (c) When the person on whose behalf the petition is brought is a\nchild, the court shall consider the availability of health insurance\nbenefits to all parties and shall take the following action to ensure\nthat health insurance benefits are provided for the benefit of the\nchild:\n (1) Where the child is presently covered by health insurance benefits,\nthe court shall direct in the order of support that such coverage be\nmaintained, unless either parent requests the court to make a direction\nfor health insurance benefits coverage pursuant to paragraph two of this\nsubdivision.\n (2) Where the child is not presently covered by health insurance\nbenefits, the court shall make a determination as follows:\n (i) If only one parent has available health insurance benefits, the\ncourt shall direct in the order of support that such parent provide\nhealth insurance benefits.\n (ii) If both parents have available health insurance benefits the\ncourt shall direct in the order of support that either parent or both\nparents provide such health insurance. The court shall make such\ndetermination based on the circumstances of the case, including, but not\nlimited to, the cost and comprehensiveness of the respective health\ninsurance benefits and the best interests of the child.\n (iii) If neither parent has available health insurance benefits, the\ncourt shall direct in the order of support that the custodial parent\napply for the state's child health insurance plan pursuant to title\none-A of article twenty-five of the public health law and the medical\nassistance program established pursuant to title eleven of article five\nof the social services law. A direction issued under this subdivision\nshall not limit or alter either parent's obligation to obtain health\ninsurance benefits at such time as they become available, as required\npursuant to paragraph (a) of this subdivision. Nothing in this\nsubdivision shall alter or limit the authority of the medical assistance\nprogram to determine when it is considered cost effective to require a\ncustodial parent to enroll a child in an available group health\ninsurance plan pursuant to paragraphs (b) and (c) of subdivision one of\nsection three hundred sixty-seven-a of the social services law.\n (d) The cost of providing health insurance benefits or benefits under\nthe state's child health insurance plan or the medical assistance\nprogram, pursuant to paragraph (c) of this subdivision, shall be deemed\ncash medical support, and the court shall determine the obligation of\neither or both parents to contribute to the cost thereof pursuant to\nsubparagraph five of paragraph (c) of subdivision one-b of this section.\n (e) The court shall provide in the order of support that the legally\nresponsible relative immediately notify the other party, or the other\nparty and the support collection unit when the order is issued on behalf\nof a child in receipt of public assistance and care or in receipt of\nservices pursuant to section one hundred eleven-g of the social services\nlaw, of any change in health insurance benefits, including any\ntermination of benefits, change in the health insurance benefit carrier,\npremium, or extent and availability of existing or new benefits.\n (f) Where the court determines that health insurance benefits are\navailable, the court shall provide in the order of support that the\nlegally responsible relative immediately enroll the eligible dependents\nnamed in the order who are otherwise eligible for such benefits without\nregard to any seasonal enrollment restrictions. Such order shall further\ndirect the legally responsible relative to maintain such benefits as\nlong as they remain available to such relative. Such order shall further\ndirect the legally responsible relative to assign all insurance\nreimbursement payments for health care expenses incurred for his or her\neligible dependents to the provider of such services or the party\nactually having incurred and satisfied such expenses, as appropriate.\n (g) When the court issues an order of child support or combined child\nand spousal support on behalf of persons in receipt of public assistance\nand care or in receipt of services pursuant to section one hundred\neleven-g of the social services law, such order shall further direct\nthat the provision of health care benefits shall be immediately enforced\npursuant to section fifty-two hundred forty-one of the civil practice\nlaw and rules.\n (h) When the court issues an order of child support or combined child\nand spousal support on behalf of persons other than those in receipt of\npublic assistance and care or in receipt of services pursuant to section\none hundred eleven-g of the social services law, the court shall also\nissue a separate order which shall include the necessary direction to\nensure the order's characterization as a qualified medical child support\norder as defined by section six hundred nine of the employee retirement\nincome security act of 1974 (29 USC 1169). Such order shall: (i) clearly\nstate that it creates or recognizes the existence of the right of the\nnamed dependent to be enrolled and to receive benefits for which the\nlegally responsible relative is eligible under the available group\nhealth plans, and shall clearly specify the name, social security number\nand mailing address of the legally responsible relative, and of each\ndependent to be covered by the order; (ii) provide a clear description\nof the type of coverage to be provided by the group health plan to each\nsuch dependent or the manner in which the type of coverage is to be\ndetermined; and (iii) specify the period of time to which the order\napplies. The court shall not require the group health plan to provide\nany type or form of benefit or option not otherwise provided under the\ngroup health plan except to the extent necessary to meet the\nrequirements of a law relating to medical child support described in\nsection one thousand three hundred and ninety-six g of title forty-two\nof the United States code.\n (i) Upon a finding that a legally responsible relative wilfully failed\nto obtain health insurance benefits in violation of a court order, such\nrelative will be presumptively liable for all health care expenses\nincurred on behalf of such dependents from the first date such\ndependents were eligible to be enrolled to receive health insurance\nbenefits after the issuance of the order of support directing the\nacquisition of such coverage.\n (j) The order shall be effective as of the date of the application\ntherefor, and any retroactive amount of child support due shall be\nsupport arrears/past due support and shall, except as provided for\nherein, be paid in one lump sum or periodic sums, as the court shall\ndirect, taking into account any amount of temporary support which has\nbeen paid. In addition, such retroactive child support shall be\nenforceable in any manner provided by law including, but not limited to,\nan execution for support enforcement pursuant to subdivision (b) of\nsection fifty-two hundred forty-one of the civil practice law and rules.\nWhen a child receiving support is a public assistance recipient, or the\norder of support is being enforced or is to be enforced pursuant to\nsection one hundred eleven-g of the social services law, the court shall\nestablish the amount of retroactive child support and notify the parties\nthat such amount shall be enforced by the support collection unit\npursuant to an execution for support enforcement as provided for in\nsubdivision (b) of section fifty-two hundred forty-one of the civil\npractice law and rules, or in such periodic payments as would have been\nauthorized had such an execution been issued. In such case, the courts\nshall not direct the schedule of repayment of retroactive support. Where\nsuch direction is for child support and paternity has been established\nby a voluntary acknowledgement of paternity as defined in section\nforty-one hundred thirty-five-b of the public health law, the court\nshall inquire of the parties whether the acknowledgement has been duly\nfiled, and unless satisfied that it has been so filed shall require the\nclerk of the court to file such acknowledgement with the appropriate\nregistrar within five business days. Such direction may be made in the\nfinal judgment in such action or proceeding, or by one or more orders\nfrom time to time before or subsequent to final judgment, or by both\nsuch order or orders and the final judgment. Such direction may be made\nnotwithstanding that the court for any reason whatsoever, other than\nlack of jurisdiction, refuses to grant the relief requested in the\naction or proceeding. Any order or judgment made as in this section\nprovided may combine in one lump sum any amount payable to the custodial\nparent under this section with any amount payable to such parent under\nsection two hundred thirty-six of this article. Upon the application of\neither parent, or of any other person or party having the care, custody\nand control of such child pursuant to such judgment or order, after such\nnotice to the other party, parties or persons having such care, custody\nand control and given in such manner as the court shall direct, the\ncourt may annul or modify any such direction, whether made by order or\nfinal judgment, or in case no such direction shall have been made in the\nfinal judgment may, with respect to any judgment of annulment or\ndeclaring the nullity of a void marriage rendered on or after September\nfirst, nineteen hundred forty, or any judgment of separation or divorce\nwhenever rendered, amend the judgment by inserting such direction.\nSubject to the provisions of section two hundred forty-four of this\narticle, no such modification or annulment shall reduce or annul arrears\naccrued prior to the making of such application unless the defaulting\nparty shows good cause for failure to make application for relief from\nthe judgment or order directing such payment prior to the accrual of\nsuch arrears. Such modification may increase such child support nunc pro\ntunc as of the date of application based on newly discovered evidence.\nAny retroactive amount of child support due shall be support\narrears/past due support and shall be paid in one lump sum or periodic\nsums, as the court shall direct, taking into account any amount of\ntemporary child support which has been paid. In addition, such\nretroactive child support shall be enforceable in any manner provided by\nlaw including, but not limited to, an execution for support enforcement\npursuant to subdivision (b) of section fifty-two hundred forty-one of\nthe civil practice law and rules.\n 1-a. In any proceeding brought pursuant to this section to determine\nthe custody or visitation of minors, a report made to the statewide\ncentral register of child abuse and maltreatment, pursuant to title six\nof article six of the social services law, or a portion thereof, which\nis otherwise admissible as a business record pursuant to rule forty-five\nhundred eighteen of the civil practice law and rules shall not be\nadmissible in evidence, notwithstanding such rule, unless an\ninvestigation of such report conducted pursuant to title six of article\nsix of the social services law has determined that there is some\ncredible evidence of the alleged abuse or maltreatment and that the\nsubject of the report has been notified that the report is indicated. In\naddition, if such report has been reviewed by the state commissioner of\nsocial services or his designee and has been determined to be unfounded,\nit shall not be admissible in evidence. If such report has been so\nreviewed and has been amended to delete any finding, each such deleted\nfinding shall not be admissible. If the state commissioner of social\nservices or his designee has amended the report to add any new finding,\neach such new finding, together with any portion of the original report\nnot deleted by the commissioner or his designee, shall be admissible if\nit meets the other requirements of this subdivision and is otherwise\nadmissible as a business record. If such a report, or portion thereof,\nis admissible in evidence but is uncorroborated, it shall not be\nsufficient to make a fact finding of abuse or maltreatment in such\nproceeding. Any other evidence tending to support the reliability of\nsuch report shall be sufficient corroboration.\n 1-b. (a) The court shall make its award for child support pursuant to\nthe provisions of this subdivision. The court may vary from the amount\nof the basic child support obligation determined pursuant to paragraph\n(c) of this subdivision only in accordance with paragraph (f) of this\nsubdivision.\n (b) For purposes of this subdivision, the following definitions shall\nbe used:\n (1) "Basic child support obligation" shall mean the sum derived by\nadding the amounts determined by the application of subparagraphs two\nand three of paragraph (c) of this subdivision except as increased\npursuant to subparagraphs four, five, six and seven of such paragraph.\n (2) "Child support" shall mean a sum to be paid pursuant to court\norder or decree by either or both parents or pursuant to a valid\nagreement between the parties for care, maintenance and education of any\nunemancipated child under the age of twenty-one years.\n (3) "Child support percentage" shall mean:\n (i) seventeen percent of the combined parental income for one child;\n (ii) twenty-five percent of the combined parental income for two\nchildren;\n (iii) twenty-nine percent of the combined parental income for three\nchildren;\n (iv) thirty-one percent of the combined parental income for four\nchildren; and\n (v) no less than thirty-five percent of the combined parental income\nfor five or more children.\n (4) "Combined parental income" shall mean the sum of the income of\nboth parents.\n (5) "Income" shall mean, but shall not be limited to, the sum of the\namounts determined by the application of clauses (i), (ii), (iii), (iv),\n(v) and (vi) of this subparagraph reduced by the amount determined by\nthe application of clause (vii) of this subparagraph:\n (i) gross (total) income as should have been or should be reported in\nthe most recent federal income tax return. If an individual files\nhis/her federal income tax return as a married person filing jointly,\nsuch person shall be required to prepare a form, sworn to under penalty\nof law, disclosing his/her gross income individually;\n (ii) to the extent not already included in gross income in clause (i)\nof this subparagraph, investment income reduced by sums expended in\nconnection with such investment;\n (iii) to the extent not already included in gross income in clauses\n(i) and (ii) of this subparagraph, the amount of income or compensation\nvoluntarily deferred and income received, if any, from the following\nsources:\n (A) workers' compensation,\n (B) disability benefits,\n (C) unemployment insurance benefits,\n (D) social security benefits,\n (E) veterans benefits,\n (F) pensions and retirement benefits,\n (G) fellowships and stipends,\n (H) annuity payments, and\n (I) alimony or maintenance actually paid or to be paid to a spouse who\nis a party to the instant action pursuant to an existing court order or\ncontained in the order to be entered by the court, or pursuant to a\nvalidly executed written agreement, in which event the order or\nagreement shall provide for a specific adjustment, in accordance with\nthis subdivision, in the amount of child support payable upon the\ntermination of alimony or maintenance to such spouse; provided, however,\nthat the specific adjustment in the amount of child support is without\nprejudice to either party's right to seek a modification in accordance\nwith subparagraph two of paragraph b of subdivision nine of part B of\nsection two hundred thirty-six of this article. In an action or\nproceeding to modify an order of child support, including an order\nincorporating without merging an agreement, issued prior to the\neffective date of this subclause, the provisions of this subclause shall\nnot, by themselves, constitute a substantial change of circumstances\npursuant to paragraph b of subdivision nine of part B of section two\nhundred thirty-six of this article.\n (iv) at the discretion of the court, the court may attribute or impute\nincome from such other resources as may be available to the parent,\nincluding, but not limited to:\n (A) non-income producing assets,\n (B) meals, lodging, memberships, automobiles or other perquisites that\nare provided as part of compensation for employment to the extent that\nsuch perquisites constitute expenditures for personal use, or which\nexpenditures directly or indirectly confer personal economic benefits,\n (C) fringe benefits provided as part of compensation for employment,\nand\n (D) money, goods, or services provided by relatives and friends;\n In determining the amount of income that may be attributed or imputed,\nthe court shall consider the specific circumstances of the parent, to\nthe extent known, including such factors as the parent's assets,\nresidence, employment and earning history, job skills, educational\nattainment, literacy, age, health, criminal record and other employment\nbarriers, record of seeking work, the local job market, the availability\nof employers willing to hire the parent, prevailing earnings level in\nthe local community, and other relevant background factors such as the\nage, number, needs, and care of the children covered by the child\nsupport order. Attribution or imputation of income shall be accompanied\nby specific written findings identifying the basis or bases for such\ndetermination utilizing factors required or permitted to be considered\npursuant to this clause;\n (v) an amount imputed as income based upon the parent's former\nresources or income, if the court determines that a parent has reduced\nresources or income in order to reduce or avoid the parent's obligation\nfor child support; provided that incarceration shall not be considered\nvoluntary unemployment;\n (vi) to the extent not already included in gross income in clauses (i)\nand (ii) of this subparagraph, the following self-employment deductions\nattributable to self-employment carried on by the taxpayer:\n (A) any depreciation deduction greater than depreciation calculated on\na straight-line basis for the purpose of determining business income or\ninvestment credits, and\n (B) entertainment and travel allowances deducted from business income\nto the extent said allowances reduce personal expenditures;\n (vii) the following shall be deducted from income prior to applying\nthe provisions of paragraph (c) of this subdivision:\n (A) unreimbursed employee business expenses except to the extent said\nexpenses reduce personal expenditures,\n (B) alimony or maintenance actually paid to a spouse not a party to\nthe instant action pursuant to court order or validly executed written\nagreement,\n (C) alimony or maintenance actually paid or to be paid to a spouse who\nis a party to the instant action pursuant to an existing court order or\ncontained in the order to be entered by the court, or pursuant to a\nvalidly executed written agreement, in which event the order or\nagreement shall provide for a specific adjustment, in accordance with\nthis subdivision, in the amount of child support payable upon the\ntermination of alimony or maintenance to such spouse; provided, however,\nthat the specific adjustment in the amount of child support is without\nprejudice to either party's right to seek a modification in accordance\nwith subparagraph two of paragraph b of subdivision nine of part B of\nsection two hundred thirty-six of this article. In an action or\nproceeding to modify an order of child support, including an order\nincorporating without merging an agreement, issued prior to the\neffective date of this subclause, the provisions of this subclause shall\nnot, by themselves, constitute a substantial change of circumstances\npursuant to paragraph b of subdivision nine of part B of section two\nhundred thirty-six of this article.\n (D) child support actually paid pursuant to court order or written\nagreement on behalf of any child for whom the parent has a legal duty of\nsupport and who is not subject to the instant action,\n (E) public assistance,\n (F) supplemental security income,\n (G) New York city or Yonkers income or earnings taxes actually paid,\nand\n (H) federal insurance contributions act (FICA) taxes actually paid.\n (6) "Self-support reserve" shall mean one hundred thirty-five percent\nof the poverty income guidelines amount for a single person as reported\nby the federal department of health and human services. For the calendar\nyear nineteen hundred eighty-nine, the self-support reserve shall be\neight thousand sixty-five dollars. On March first of each year, the\nself-support reserve shall be revised to reflect the annual updating of\nthe poverty income guidelines as reported by the federal department of\nhealth and human services for a single person household.\n (c) The amount of the basic child support obligation shall be\ndetermined in accordance with the provision of this paragraph:\n (1) The court shall determine the combined parental income.\n (2) The court shall multiply the combined parental income up to the\namount set forth in paragraph (b) of subdivision two of section one\nhundred eleven-i of the social services law by the appropriate child\nsupport percentage and such amount shall be prorated in the same\nproportion as each parent's income is to the combined parental income.\n (3) Where the combined parental income exceeds the dollar amount set\nforth in subparagraph two of this paragraph, the court shall determine\nthe amount of child support for the amount of the combined parental\nincome in excess of such dollar amount through consideration of the\nfactors set forth in paragraph (f) of this subdivision and/or the child\nsupport percentage.\n (4) Where the custodial parent is working, or receiving elementary or\nsecondary education, or higher education or vocational training which\nthe court determines will lead to employment, and incurs child care\nexpenses as a result thereof, the court shall determine reasonable child\ncare expenses and such child care expenses, where incurred, shall be\nprorated in the same proportion as each parent's income is to the\ncombined parental income. Each parent's pro rata share of the child care\nexpenses shall be separately stated and added to the sum of\nsubparagraphs two and three of this paragraph.\n (5) The court shall determine the parties' obligation to provide\nhealth insurance benefits pursuant to this section and to pay cash\nmedical support as provided under this subparagraph.\n (i) "Cash medical support" means an amount ordered to be paid toward\nthe cost of health insurance provided by a public entity or by a parent\nthrough an employer or organization, including such employers or\norganizations which are self insured, or through other available health\ninsurance or health care coverage plans, and/or for other health care\nexpenses not covered by insurance.\n (ii) Where health insurance benefits pursuant to subparagraph one and\nclauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision\none of this section are determined by the court to be available, the\ncost of providing health insurance benefits shall be prorated between\nthe parties in the same proportion as each parent's income is to the\ncombined parental income. If the custodial parent is ordered to provide\nsuch benefits, the non-custodial parent's pro rata share of such costs\nshall be added to the basic support obligation. If the non-custodial\nparent is ordered to provide such benefits, the custodial parent's pro\nrata share of such costs shall be deducted from the basic support\nobligation.\n (iii) Where health insurance benefits pursuant to subparagraph one and\nclauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision\none of this section are determined by the court to be unavailable, if\nthe child or children are determined eligible for coverage under the\nmedical assistance program established pursuant to title eleven of\narticle five of the social services law, the court shall order the\nnon-custodial parent to pay cash medical support as follows:\n (A) In the case of a child or children authorized for managed care\ncoverage under the medical assistance program, the lesser of the amount\nthat would be required as a family contribution under the state's child\nhealth insurance plan pursuant to title one-A of article twenty-five of\nthe public health law for the child or children if they were in a\ntwo-parent household with income equal to the combined income of the\nnon-custodial and custodial parents or the premium paid by the medical\nassistance program on behalf of the child or children to the managed\ncare plan. The court shall separately state the non-custodial parent's\nmonthly obligation. The non-custodial parent's cash medical support\nobligation under this clause shall not exceed five percent of his or her\ngross income, or the difference between the non-custodial parent's\nincome and the self-support reserve, whichever is less.\n (B) In the case of a child or children authorized for fee-for-service\ncoverage under the medical assistance program other than a child or\nchildren described in item (A) of this clause, the court shall determine\nthe non-custodial parent's maximum annual cash medical support\nobligation, which shall be equal to the lesser of the monthly amount\nthat would be required as a family contribution under the state's child\nhealth insurance plan pursuant to title one-A of article twenty-five of\nthe public health law for the child or children if they were in a\ntwo-parent household with income equal to the combined income of the\nnon-custodial and custodial parents times twelve months or the number of\nmonths that the child or children are authorized for fee-for-service\ncoverage during any year. The court shall separately state in the order\nthe non-custodial parent's maximum annual cash medical support\nobligation and, upon proof to the court that the non-custodial parent,\nafter notice of the amount due, has failed to pay the public entity for\nincurred health care expenses, the court shall order the non-custodial\nparent to pay such incurred health care expenses up to the maximum\nannual cash medical support obligation. Such amounts shall be support\narrears/past due support and shall be subject to any remedies as\nprovided by law for the enforcement of support arrears/past due support.\nThe total annual amount that the non-custodial parent is ordered to pay\nunder this clause shall not exceed five percent of his or her gross\nincome or the difference between the non-custodial parent's income and\nthe self-support reserve, whichever is less.\n (C) The court shall order cash medical support to be paid by the\nnon-custodial parent for health care expenses of the child or children\npaid by the medical assistance program prior to the issuance of the\ncourt's order. The amount of such support shall be calculated as\nprovided under item (A) or (B) of this clause, provided that the amount\nthat the non-custodial parent is ordered to pay under this item shall\nnot exceed five percent of his or her gross income or the difference\nbetween the non-custodial parent's income and the self-support reserve,\nwhichever is less, for the year when the expense was incurred. Such\namounts shall be support arrears/past due support and shall be subject\nto any remedies as provided by law for the enforcement of support\narrears/past due support.\n (iv) Where health insurance benefits pursuant to subparagraph one and\nclauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision\none of this section are determined by the court to be unavailable, and\nthe child or children are determined eligible for coverage under the\nstate's child health insurance plan pursuant to title one-A of article\ntwenty-five of the public health law, the court shall prorate each\nparent's share of the cost of the family contribution required under\nsuch child health insurance plan in the same proportion as each parent's\nincome is to the combined parental income, and state the amount of the\nnon-custodial parent's share in the order. The total amount of cash\nmedical support that the non-custodial parent is ordered to pay under\nthis clause shall not exceed five percent of his or her gross income, or\nthe difference between the non-custodial parent's income and the\nself-support reserve, whichever is less.\n (v) In addition to the amounts ordered under clause (ii), (iii), or\n(iv), the court shall pro rate each parent's share of reasonable health\ncare expenses not reimbursed or paid by insurance, the medical\nassistance program established pursuant to title eleven of article five\nof the social services law, or the state's child health insurance plan\npursuant to title one-A of article twenty-five of the public health law,\nin the same proportion as each parent's income is to the combined\nparental income, and state the non-custodial parent's share as a\npercentage in the order. The non-custodial parent's pro rata share of\nsuch health care expenses determined by the court to be due and owing\nshall be support arrears/past due support and shall be subject to any\nremedies provided by law for the enforcement of support arrears/past due\nsupport. In addition, the court may direct that the non-custodial\nparent's pro rata share of such health care expenses be paid in one sum\nor in periodic sums, including direct payment to the health care\nprovider.\n (vi) Upon proof by either party that cash medical support pursuant to\nclause (ii), (iii), (iv), or (v) of this subparagraph would be unjust or\ninappropriate pursuant to paragraph (f) of this subdivision, the court\nshall:\n (A) order the parties to pay cash medical support as the court finds\njust and appropriate, considering the best interests of the child; and\n (B) set forth in the order the factors it considered, the amount\ncalculated under this subparagraph, the reason or reasons the court did\nnot order such amount, and the basis for the amount awarded.\n (6) Where the court determines that the custodial parent is seeking\nwork and incurs child care expenses as a result thereof, the court may\ndetermine reasonable child care expenses and may apportion the same\nbetween the custodial and non-custodial parent. The non-custodial\nparent's share of such expenses shall be separately stated and paid in a\nmanner determined by the court.\n (7) Where the court determines, having regard for the circumstances of\nthe case and of the respective parties and in the best interests of the\nchild, and as justice requires, that the present or future provision of\npost-secondary, private, special, or enriched education for the child is\nappropriate, the court may award educational expenses. The non-custodial\nparent shall pay educational expenses, as awarded, in a manner\ndetermined by the court, including direct payment to the educational\nprovider.\n (d) Notwithstanding the provisions of paragraph (c) of this\nsubdivision, where the annual amount of the basic child support\nobligation would reduce the non-custodial parent's income below the\npoverty income guidelines amount for a single person as reported by the\nfederal department of health and human services, the basic child support\nobligation shall be twenty-five dollars per month, provided, however,\nthat if the court finds that such basic child support obligation is\nunjust or inappropriate, which finding shall be based upon\nconsiderations of the factors set forth in paragraph (f) of this\nsubdivision, the court shall order the non-custodial parent to pay such\namount of the child support as the court finds just and appropriate.\nNotwithstanding the provisions of paragraph (c) of this subdivision,\nwhere the annual amount of the basic child support obligation would\nreduce the non-custodial parent's income below the self-support reserve\nbut not below the poverty income guidelines amount for a single person\nas reported by the federal department of health and human services, the\nbasic child support obligation shall be fifty dollars per month or the\ndifference between the non-custodial parent's income and the\nself-support reserve, whichever is greater, in addition to any amounts\nthat the court may, in its discretion, order in accordance with\nsubparagraphs four, five, six and/or seven of paragraph (c) of this\nsubdivision.\n (e) Where a parent is or may be entitled to receive non-recurring\npayments from extraordinary sources not otherwise considered as income\npursuant to this section, including but not limited to:\n (1) Life insurance policies;\n (2) Discharges of indebtedness;\n (3) Recovery of bad debts and delinquency amounts;\n (4) Gifts and inheritances; and\n (5) Lottery winnings,\nthe court, in accordance with paragraphs (c), (d) and (f) of this\nsubdivision may allocate a proportion of the same to child support, and\nsuch amount shall be paid in a manner determined by the court.\n (f) The court shall calculate the basic child support obligation, and\nthe non-custodial parent's pro rata share of the basic child support\nobligation. Unless the court finds that the non-custodial parents's\npro-rata share of the basic child support obligation is unjust or\ninappropriate, which finding shall be based upon consideration of the\nfollowing factors:\n (1) The financial resources of the custodial and non-custodial parent,\nand those of the child;\n (2) The physical and emotional health of the child and his/her special\nneeds and aptitudes;\n (3) The standard of living the child would have enjoyed had the\nmarriage or household not been dissolved;\n (4) The tax consequences to the parties;\n (5) The non-monetary contributions that the parents will make toward\nthe care and well-being of the child;\n (6) The educational needs of either parent;\n (7) A determination that the gross income of one parent is\nsubstantially less than the other parent's gross income;\n (8) The needs of the children of the non-custodial parent for whom the\nnon-custodial parent is providing support who are not subject to the\ninstant action and whose support has not been deducted from income\npursuant to subclause (D) of clause (vii) of subparagraph five of\nparagraph (b) of this subdivision, and the financial resources of any\nperson obligated to support such children, provided, however, that this\nfactor may apply only if the resources available to support such\nchildren are less than the resources available to support the children\nwho are subject to the instant action;\n (9) Provided that the child is not on public assistance (i)\nextraordinary expenses incurred by the non-custodial parent in\nexercising visitation, or (ii) expenses incurred by the non-custodial\nparent in extended visitation provided that the custodial parent's\nexpenses are substantially reduced as a result thereof; and\n (10) Any other factors the court determines are relevant in each case,\nthe court shall order the non-custodial parent to pay his or her pro\nrata share of the basic child support obligation, and may order the\nnon-custodial parent to pay an amount pursuant to paragraph (e) of this\nsubdivision.\n (g) Where the court finds that the non-custodial parent's pro rata\nshare of the basic child support obligation is unjust or inappropriate,\nthe court shall order the non-custodial parent to pay such amount of\nchild support as the court finds just and appropriate, and the court\nshall set forth, in a written order, the factors it considered; the\namount of each party's pro rata share of the basic child support\nobligation; and the reasons that the court did not order the basic child\nsupport obligation. Such written order may not be waived by either party\nor counsel; provided, however, and notwithstanding any other provision\nof law, the court shall not find that the non-custodial parent's pro\nrata share of such obligation is unjust or inappropriate on the basis\nthat such share exceeds the portion of a public assistance grant which\nis attributable to a child or children. Where the non-custodial parent's\nincome is less than or equal to the poverty income guidelines amount for\na single person as reported by the federal department of health and\nhuman services, unpaid child support arrears in excess of five hundred\ndollars shall not accrue.\n (h) A validly executed agreement or stipulation voluntarily entered\ninto between the parties after the effective date of this subdivision\npresented to the court for incorporation in an order or judgment shall\ninclude a provision stating that the parties have been advised of the\nprovisions of this subdivision, and that the basic child support\nobligation provided for therein would presumptively result in the\ncorrect amount of child support to be awarded. In the event that such\nagreement or stipulation deviates from the basic child support\nobligation, the agreement or stipulation must specify the amount that\nsuch basic child support obligation would have been and the reason or\nreasons that such agreement or stipulation does not provide for payment\nof that amount. Such provision may not be waived by either party or\ncounsel. Nothing contained in this subdivision shall be construed to\nalter the rights of the parties to voluntarily enter into validly\nexecuted agreements or stipulations which deviate from the basic child\nsupport obligation provided such agreements or stipulations comply with\nthe provisions of this paragraph. The court shall, however, retain\ndiscretion with respect to child support pursuant to this section. Any\ncourt order or judgment incorporating a validly executed agreement or\nstipulation which deviates from the basic child support obligation shall\nset forth the court's reasons for such deviation.\n (i) Where either or both parties are unrepresented, the court shall\nnot enter an order or judgment other than a temporary order pursuant to\nsection two hundred thirty-seven of this article, that includes a\nprovision for child support unless the unrepresented party or parties\nhave received a copy of the child support standards chart promulgated by\nthe commissioner of the office of temporary and disability assistance\npursuant to subdivision two of section one hundred eleven-i of the\nsocial services law. Where either party is in receipt of child support\nenforcement services through the local social services district, the\nlocal social services district child support enforcement unit shall\nadvise such party of the amount derived from application of the child\nsupport percentage and that such amount serves as a starting point for\nthe determination of the child support award, and shall provide such\nparty with a copy of the child support standards chart.\n (j) In addition to financial disclosure required in section two\nhundred thirty-six of this article, the court may require that the\nincome and/or expenses of either party be verified with documentation\nincluding, but not limited to, past and present income tax returns,\nemployer statements, pay stubs, corporate, business, or partnership\nbooks and records, corporate and business tax returns, and receipts for\nexpenses or such other means of verification as the court determines\nappropriate. Nothing herein shall affect any party's right to pursue\ndiscovery pursuant to this chapter, the civil practice law and rules, or\nthe family court act.\n (k) When a party has defaulted and/or the court is otherwise presented\nwith insufficient evidence to determine gross income, the support\nobligation shall be based on available information about the specific\ncircumstances of the parent, in accordance with clause (iv) of\nsubparagraph five of paragraph (b) of this subdivision. Such order may\nbe retroactively modified upward, without a showing of change in\ncircumstances.\n (l) In any action or proceeding for modification of an order of child\nsupport existing prior to the effective date of this paragraph, brought\npursuant to this article, the child support standards set forth in this\nsubdivision shall not constitute a change of circumstances warranting\nmodification of such support order; provided, however, that (1) where\nthe circumstances warrant modification of such order, or (2) where any\nparty objects to an adjusted child support order made or proposed at the\ndirection of the support collection unit pursuant to section one hundred\neleven-h or one hundred eleven-n of the social services law, and the\ncourt is reviewing the current order of child support, such standards\nshall be applied by the court in its determination with regard to the\nrequest for modification, or disposition of an objection to an adjusted\nchild support order made or proposed by a support collection unit. In\napplying such standards, when the order to be modified incorporates by\nreference or merges with a validly executed separation agreement or\nstipulation of settlement, the court may consider, in addition to the\nfactors set forth in paragraph (f) of this subdivision, the provisions\nof such agreement or stipulation concerning property distribution,\ndistributive award and/or maintenance in determining whether the amount\ncalculated by using the standards would be unjust or inappropriate.\n 1-c. (a) Notwithstanding any other provision of this chapter to the\ncontrary, no court shall make an order providing for visitation or\ncustody to a person who has been convicted of murder in the first or\nsecond degree in this state, or convicted of an offense in another\njurisdiction which, if committed in this state, would constitute either\nmurder in the first or second degree, of a parent, legal custodian,\nlegal guardian, sibling, half-sibling or step-sibling of any child who\nis the subject of the proceeding. Pending determination of a petition\nfor visitation or custody, such child shall not visit and no person\nshall visit with such child present, such person who has been convicted\nof murder in the first or second degree in this state, or convicted of\nand offense in another jurisdiction which, if committed in this state,\nwould constitute either murder in the first or second degree, of a\nparent, legal custodian, legal guardian, sibling, half-sibling or\nstep-sibling of a child who is the subject of the proceeding without the\nconsent of such child's custodian or legal guardian.\n (b) Notwithstanding any other provision of this chapter to the\ncontrary, there shall be a rebuttable presumption that it is not in the\nbest interests of the child to:\n (A) be placed in the custody of or to visit with a person who has been\nconvicted of one or more of the following sexual offenses in this state\nor convicted of one or more offenses in another jurisdiction which, if\ncommitted in this state, would constitute one or more of the following\noffenses, when a child who is the subject of the proceeding was\nconceived as a result:\n (1) rape in the first or second degree;\n (2) course of sexual conduct against a child in the first degree;\n (3) predatory sexual assault; or\n (4) predatory sexual assault against a child; or\n (B) be placed in the custody of or have unsupervised visits with a\nperson who has been convicted of a felony sex offense, as defined in\nsection 70.80 of the penal law, or convicted of an offense in another\njurisdiction which, if committed in this state, would constitute such a\nfelony sex offense, where the victim of such offense was the child who\nis the subject of the proceeding.\n (c) Notwithstanding paragraph (a) or (b) of this subdivision a court\nmay order visitation or custody where:\n (i) (A) such child is of suitable age to signify assent and such child\nassents to such visitation or custody; or\n (B) if such child is not of suitable age to signify assent, the\nchild's custodian or legal guardian assents to such order; or\n (C) the person who has been convicted of murder in the first or second\ndegree, or an offense in another jurisdiction which if committed in this\nstate, would constitute either murder in the first or second degree, can\nprove by a preponderance of the evidence that:\n (1) he or she, or a family or household member of either party, was a\nvictim of domestic violence by the victim of such murder; and\n (2) the domestic violence was causally related to the commission of\nsuch murder;\n (ii) and the court finds that such visitation or custody is in the\nbest interests of the child.\n (d) For the purpose of making a determination pursuant to clause (C)\nof subparagraph (i) of paragraph (c) of this subdivision, the court\nshall not be bound by the findings of fact, conclusions of law or\nultimate conclusion as determined by the proceedings leading to the\nconviction of murder in the first or second degree in this state or of\nan offense in another jurisdiction which, if committed in this state,\nwould constitute murder in either the first or second degree, of a\nparent, legal guardian, legal custodian, sibling, half-sibling or\nstep-sibling of a child who is the subject of the proceeding. In all\nproceedings under this section, an attorney shall be appointed for the\nchild.\n 2. (a) An order directing payment of money for child support shall be\nenforceable pursuant to section fifty-two hundred forty-one or fifty-two\nhundred forty-two of the civil practice law and rules or in any other\nmanner provided by law. Such orders or judgments for child support and\nmaintenance shall also be enforceable pursuant to article fifty-two of\nthe civil practice law and rules upon a debtor's default as such term is\ndefined in paragraph seven of subdivision (a) of section fifty-two\nhundred forty-one of the civil practice law and rules. The establishment\nof a default shall be subject to the procedures established for the\ndetermination of a mistake of fact for income executions pursuant to\nsubdivision (e) of section fifty-two hundred forty-one of the civil\npractice law and rules. For the purposes of enforcement of child support\norders or combined spousal and child support orders pursuant to section\nfive thousand two hundred forty-one of the civil practice law and rules,\na "default" shall be deemed to include amounts arising from retroactive\nsupport.\n b. (1) When a child receiving support is a public assistance\nrecipient, or the order of support is being enforced or is to be\nenforced pursuant to section one hundred eleven-g of the social services\nlaw, the court shall direct that the child support payments be made to\nthe support collection unit. Unless (i) the court finds and sets forth\nin writing the reasons that there is good cause not to require immediate\nincome withholding; or (ii) when the child is not in receipt of public\nassistance, a written agreement providing for an alternative arrangement\nhas been reached between the parties, the support collection unit shall\nissue an income execution immediately for child support or combined\nmaintenance and child support, and may issue an execution for medical\nsupport enforcement in accordance with the provisions of the order of\nsupport. Such written agreement may include an oral stipulation made on\nthe record resulting in a written order. For purposes of this paragraph,\ngood cause shall mean substantial harm to the debtor. The absence of an\narrearage or the mere issuance of an income execution shall not\nconstitute good cause. When an immediate income execution or an\nexecution for medical support enforcement is issued by the support\ncollection unit, such income execution shall be issued pursuant to\nsection five thousand two hundred forty-one of the civil practice law\nand rules, except that the provisions thereof relating to mistake of\nfact, default and any other provisions which are not relevant to the\nissuance of an income execution pursuant to this paragraph shall not\napply; provided, however, that if the support collection unit makes an\nerror in the issuance of an income execution pursuant to this paragraph,\nand such error is to the detriment of the debtor, the support collection\nunit shall have thirty days after notification by the debtor to correct\nthe error. Where permitted under federal law and where the record of the\nproceedings contains such information, such order shall include on its\nface the social security number and the name and address of the\nemployer, if any, of the person chargeable with support; provided,\nhowever, that failure to comply with this requirement shall not\ninvalidate such order. When the court determines that there is good\ncause not to immediately issue an income execution or when the parties\nagree to an alternative arrangement as provided in this paragraph, the\ncourt shall provide expressly in the order of support that the support\ncollection unit shall not issue an immediate income execution.\nNotwithstanding any such order, the support collection unit shall issue\nan income execution for support enforcement when the debtor defaults on\nthe support obligation, as defined in section five thousand two hundred\nforty-one of the civil practice law and rules.\n (2) When the court issues an order of child support or combined child\nand spousal support on behalf of persons other than those in receipt of\npublic assistance or in receipt of services pursuant to section one\nhundred eleven-g of the social services law, the court shall issue an\nincome deduction order pursuant to subdivision (c) of section five\nthousand two hundred forty-two of the civil practice law and rules at\nthe same time it issues the order of support. The court shall enter the\nincome deduction order unless the court finds and sets forth in writing\n(i) the reasons that there is good cause not to require immediate income\nwithholding; or (ii) that an agreement providing for an alternative\narrangement has been reached between the parties. Such agreement may\ninclude a written agreement or an oral stipulation, made on the record,\nthat results in a written order. For purposes of this paragraph, good\ncause shall mean substantial harm to the debtor. The absence of an\narrearage or the mere issuance of an income deduction order shall not\nconstitute good cause. Where permitted under federal law and where the\nrecord of the proceedings contains such information, such order shall\ninclude on its face the social security number and the name and address\nof the employer, if any, of the person chargeable with support;\nprovided, however, that failure to comply with this requirement shall\nnot invalidate the order. When the court determines that there is good\ncause not to issue an income deduction order immediately or when the\nparties agree to an alternative arrangement as provided in this\nparagraph, the court shall provide expressly in the order of support the\nbasis for its decision and shall not issue an income deduction order.\n c. Any order of support issued on behalf of a child in receipt of\nfamily assistance or child support enforcement services pursuant to\nsection one hundred eleven-g of the social services law shall be subject\nto review and adjustment by the support collection unit pursuant to\nsection one hundred eleven-n of the social services law. Such review and\nadjustment shall be in addition to any other activities undertaken by\nthe support collection unit relating to the establishment, modification,\nand enforcement of support orders payable to such unit.\n 3. Order of protection. a. The court may make an order of protection\nin assistance or as a condition of any other order made under this\nsection. The order of protection may set forth reasonable conditions of\nbehavior to be observed for a specified time by any party. Such an order\nmay require any party:\n (1) to stay away from the home, school, business or place of\nemployment of the child, other parent or any other party, and to stay\naway from any other specific location designated by the court;\n (2) to permit a parent, or a person entitled to visitation by a court\norder or a separation agreement, to visit the child at stated periods;\n (3) to refrain from committing a family offense, as defined in\nsubdivision one of section 530.11 of the criminal procedure law, or any\ncriminal offense against the child or against the other parent or\nagainst any person to whom custody of the child is awarded or from\nharassing, intimidating or threatening such persons;\n (4) to permit a designated party to enter the residence during a\nspecified period of time in order to remove personal belongings not in\nissue in a proceeding or action under this chapter or the family court\nact;\n (5) to refrain from acts of commission or omission that create an\nunreasonable risk to the health, safety or welfare of a child;\n (6) to pay the reasonable counsel fees and disbursements involved in\nobtaining or enforcing the order of the person who is protected by such\norder if such order is issued or enforced;\n (7) to refrain from intentionally injuring or killing, without\njustification, any companion animal the respondent knows to be owned,\npossessed, leased, kept or held by the person protected by the order or\na minor child residing in such person's household. "Companion animal,"\nas used in this section, shall have the same meaning as in subdivision\nfive of section three hundred fifty of the agriculture and markets law;\n (8) (i) to promptly return specified identification documents to the\nprotected party, in whose favor the order of protection or temporary\norder of protection is issued; provided, however, that such order may:\n(A) include any appropriate provision designed to ensure that any such\ndocument is available for use as evidence in this proceeding, and\navailable if necessary for legitimate use by the party against whom such\norder is issued; and (B) specify the manner in which such return shall\nbe accomplished.\n (ii) For purposes of this subparagraph, "identification document"\nshall mean any of the following: (A) exclusively in the name of the\nprotected party: birth certificate, passport, social security card,\nhealth insurance or other benefits card, a card or document used to\naccess bank, credit or other financial accounts or records, tax returns,\nany driver's license, and immigration documents including but not\nlimited to a United States permanent resident card and employment\nauthorization document; and (B) upon motion and after notice and an\nopportunity to be heard, any of the following, including those that may\nreflect joint use or ownership, that the court determines are necessary\nand are appropriately transferred to the protected party: any card or\ndocument used to access bank, credit or other financial accounts or\nrecords, tax returns, and any other identifying cards and documents;\n (9) (i) to refrain from remotely controlling any connected devices\naffecting the home, vehicle or property of the person protected by the\norder.\n (ii) For purposes of this subparagraph, "connected device" shall mean\nany device, or other physical object that is capable of connecting to\nthe internet, directly or indirectly, and that is assigned an internet\nprotocol address or bluetooth address; and\n (10) to observe such other conditions as are necessary to further the\npurposes of protection.\n a-1. Translation and interpretation of orders of protection. The\noffice of court administration shall, in accordance with paragraph (t)\nof subdivision two of section two hundred twelve of the judiciary law,\nensure that a court order of protection and temporary order of\nprotection is translated in writing into the appropriate language for a\nparty to a proceeding where the court has appointed an interpreter. The\noffice of court administration shall ensure that the standard language\nof the office of court administration order of protection and temporary\norder of protection forms shall be translated in writing in the\nlanguages most frequently used in the courts of each judicial department\nin accordance with paragraph (t) of subdivision two of section two\nhundred twelve of the judiciary law. A copy of the written translation\nshall be given to each party in the proceeding, along with the original\norder or temporary order of protection issued in English. A copy of this\nwritten translation shall also be included as part of the record of the\nproceeding. The court shall read the essential terms and conditions of\nthe order aloud on the record and direct the court appointed interpreter\nto interpret the same terms and conditions. Such written translation or\ninterpretation shall not affect the validity or enforceability of the\norder. In every case a party to a proceeding shall be provided with an\nEnglish copy of any court order of protection or temporary order of\nprotection issued. The authority provided herein shall be in addition to\nand shall not be deemed to diminish or reduce any rights of the parties\nunder existing law.\n b. An order of protection entered pursuant to this subdivision shall\nbear in a conspicuous manner, on the front page of said order, the\nlanguage "Order of protection issued pursuant to section two hundred\nforty of the domestic relations law". The order of protection shall also\ncontain the following notice: "This order of protection will remain in\neffect even if the protected party has, or consents to have, contact or\ncommunication with the party against whom the order is issued. This\norder of protection can only be modified or terminated by the court. The\nprotected party cannot be held to violate this order nor be arrested for\nviolating this order.". The absence of such language shall not affect\nthe validity of such order. The presentation of a copy of such an order\nto any peace officer acting pursuant to his or her special duties, or\npolice officer, shall constitute authority, for that officer to arrest a\nperson when that person has violated the terms of such an order, and\nbring such person before the court and, otherwise, so far as lies within\nthe officer's power, to aid in securing the protection such order was\nintended to afford.\n c. An order of protection entered pursuant to this subdivision may be\nmade in the final judgment in any matrimonial action or in a proceeding\nto obtain custody of or visitation with any child under this section, or\nby one or more orders from time to time before or subsequent to final\njudgment, or by both such order or orders and the final judgment. The\norder of protection may remain in effect after entry of a final\nmatrimonial judgment and during the minority of any child whose custody\nor visitation is the subject of a provision of a final judgment or any\norder. An order of protection may be entered notwithstanding that the\ncourt for any reason whatsoever, other than lack of jurisdiction,\nrefuses to grant the relief requested in the action or proceeding.\n d. The chief administrator of the courts shall promulgate appropriate\nuniform temporary orders of protection and orders of protection forms,\napplicable to proceedings under this article, to be used throughout the\nstate. Such forms shall be promulgated and developed in a manner to\nensure the compatibility of such forms with the statewide computerized\nregistry established pursuant to section two hundred twenty-one-a of the\nexecutive law.\n e. No order of protection may direct any party to observe conditions\nof behavior unless: (i) the party requesting the order of protection has\nserved and filed an action, proceeding, counter-claim or written motion\nand, (ii) the court has made a finding on the record that such party is\nentitled to issuance of the order of protection which may result from a\njudicial finding of fact, judicial acceptance of an admission by the\nparty against whom the order was issued or judicial finding that the\nparty against whom the order is issued has given knowing, intelligent\nand voluntary consent to its issuance. The provisions of this\nsubdivision shall not preclude the court from issuing a temporary order\nof protection upon the court's own motion or where a motion for such\nrelief is made to the court, for good cause shown. In any proceeding\npursuant to this article, a court shall not deny an order of protection,\nor dismiss an application for such an order, solely on the basis that\nthe acts or events alleged are not relatively contemporaneous with the\ndate of the application or the conclusion of the action. The duration of\nany temporary order shall not by itself be a factor in determining the\nlength or issuance of any final order.\n f. In addition to the foregoing provisions, the court may issue an\norder, pursuant to section two hundred twenty-seven-c of the real\nproperty law, authorizing the party for whose benefit any order of\nprotection has been issued to terminate a lease or rental agreement\npursuant to section two hundred twenty-seven-c of the real property law.\n g. Any party moving for a temporary order of protection pursuant to\nthis subdivision during hours when the court is open shall be entitled\nto file such motion or pleading containing such prayer for emergency\nrelief on the same day that such person first appears at such court, and\na hearing on the motion or portion of the pleading requesting such\nemergency relief shall be held on the same day or the next day that the\ncourt is in session following the filing of such motion or pleading.\n h. Upon issuance of an order of protection or temporary order of\nprotection or upon a violation of such order, the court shall make a\ndetermination regarding the suspension and revocation of a license to\ncarry, possess, repair or dispose of a firearm or firearms,\nineligibility for such a license and the surrender of firearms in\naccordance with sections eight hundred forty-two-a and eight hundred\nforty-six-a of the family court act, as applicable. Upon issuance of an\norder of protection pursuant to this section or upon a finding of a\nviolation thereof, the court also may direct payment of restitution in\nan amount not to exceed ten thousand dollars in accordance with\nsubdivision (e) of section eight hundred forty-one of such act;\nprovided, however, that in no case shall an order of restitution be\nissued where the court determines that the party against whom the order\nwould be issued has already compensated the injured party or where such\ncompensation is incorporated in a final judgment or settlement of the\naction.\n i. The protected party in whose favor the order of protection or\ntemporary order of protection is issued may not be held to violate such\nan order nor may such protected party be arrested for violating such\norder.\n * 3-a. Service of order of protection. a. If a temporary order of\nprotection has been issued or an order of protection has been issued\nupon a default, unless the party requesting the order states on the\nrecord that she or he will arrange for other means for service or\ndeliver the order to a peace or police officer directly for service, the\ncourt shall immediately deliver a copy of the temporary order of\nprotection or order of protection to a peace officer, acting pursuant to\nhis or her special duties and designated by the court, or to a police\nofficer as defined in paragraph (b) or (d) of subdivision thirty-four of\nsection 1.20 of the criminal procedure law, or, in the city of New York,\nto a designated representative of the police department of the city of\nNew York. Any peace or police officer or designated person receiving a\ntemporary order of protection or an order of protection as provided\nhereunder shall serve or provide for the service thereof together with\nany associated papers that may be served simultaneously, at any address\ndesignated therewith, including the summons and petition or complaint if\nnot previously served. Service of such temporary order of protection or\norder of protection and associated papers shall, insofar as practicable,\nbe achieved promptly. An officer or designated person obliged to perform\nservice pursuant to this subdivision, and his or her employer, shall not\nbe liable for damages resulting from failure to achieve service where,\nhaving made a reasonable effort, such officer or designated person is\nunable to locate and serve the temporary order of protection or order of\nprotection at any address provided by the party requesting the order. A\nstatement subscribed by the officer or designated person, and affirmed\nby him or her to be true under the penalties of perjury, stating the\npapers served, the date, time, address or in the event there is no\naddress, place, and manner of service, the name and a brief physical\ndescription of the party served, shall be proof of service of the\nsummons, petition and temporary order of protection or order of\nprotection. When the temporary order of protection or order of\nprotection and other papers, if any, have been served, such officer or\ndesignated person shall provide the court with an affirmation,\ncertificate or affidavit of service and shall provide notification of\nthe date and time of such service to the statewide computer registry\nestablished pursuant to section two hundred twenty-one-a of the\nexecutive law.\n b. Notwithstanding any other provision of law, all orders of\nprotection and temporary orders of protection filed and entered along\nwith any associated papers that may be served simultaneously may be\ntransmitted by facsimile transmission or electronic means for expedited\nservice in accordance with the provisions of this subdivision. For\npurposes of this subdivision, "facsimile transmission" and "electronic\nmeans" shall be as defined in subdivision (f) of rule twenty-one hundred\nthree of the civil practice law and rules.\n * NB Separately amended cannot be put together\n * 3-a. Service of order of protection. (a) If a temporary order of\nprotection has been issued or an order of protection has been issued\nupon a default, unless the party requesting the order states on the\nrecord that she or he will arrange for other means for service or\ndeliver the order to a peace or police officer directly for service, the\ncourt shall immediately deliver a copy of the temporary order of\nprotection or order of protection together with any associated papers\nthat may be served simultaneously including the summons and petition, to\na peace officer, acting pursuant to his or her special duties and\ndesignated by the court, or to a police officer as defined in paragraph\n(b) or (d) of subdivision thirty-four of section 1.20 of the criminal\nprocedure law, or, in the city of New York, to a designated\nrepresentative of the police department of the city of New York. Any\npeace or police officer or designated person receiving a temporary order\nof protection or an order of protection as provided in this section\nshall serve or provide for the service thereof together with any\nassociated papers that may be served simultaneously, at any address\ndesignated therewith, including the summons and petition or complaint if\nnot previously served. Service of such temporary order of protection or\norder of protection and associated papers shall, insofar as practicable,\nbe achieved promptly. An officer or designated person obliged to perform\nservice pursuant to this subdivision, and his or her employer, shall not\nbe liable for damages resulting from failure to achieve service where,\nhaving made a reasonable effort, such officer or designated person is\nunable to locate and serve the temporary order of protection or order of\nprotection at any address provided by the party requesting the order.\n (b) When the temporary order of protection or order of protection and\nassociated papers, if any, have been served, such officer or designated\nperson shall provide the court with an affirmation, certificate or\naffidavit of service when the temporary order of protection or order of\nprotection has been served, and shall provide notification of the date\nand time of such service to the statewide computer registry established\npursuant to section two hundred twenty-one-a of the executive law. A\nstatement subscribed by the officer or designated person, and affirmed\nby him or her to be true under the penalties of perjury, stating the\npapers served, the date, time, address or in the event there is no\naddress, place, and manner of service, the name and a brief physical\ndescription of the party served, shall be proof of service of the\nsummons, petition and temporary order of protection or order of\nprotection.\n (c) Where an officer or designated person obliged to perform service\npursuant to this section is unable to complete service of the temporary\norder of protection or order of protection, such officer or designated\nperson shall provide the court with proof of attempted service of the\ntemporary order of protection or order of protection with information\nregarding the dates, times, locations and manner of attempted service.\nAn affirmation, certificate or affidavit of service with a statement\nsubscribed by the officer or designated person, and affirmed by him or\nher to be true under the penalties of perjury, stating the name of the\nparty and the papers attempted to be served on said person, and for each\nattempted service, the date, time, address or in the event there is no\naddress, place, and manner of attempted service, shall be proof of\nattempted service.\n (d) Any peace or police officer or designated person performing\nservice under this subdivision shall not charge a fee for such service,\nincluding, but not limited to, fees as provided under section eight\nthousand eleven of the civil practice law and rules.\n * NB Separately amended cannot be put together\n 3-b. Emergency powers; local criminal court. If the court that issued\nan order of protection or temporary order of protection under this\nsection or warrant in connection thereto is not in session when an\narrest is made for an alleged violation of the order or upon a warrant\nissued in connection with such violation, the arrested person shall be\nbrought before a local criminal court in the county of arrest or in the\ncounty in which such warrant is returnable pursuant to article one\nhundred twenty of the criminal procedure law and arraigned by such\ncourt. Such local criminal court shall order the commitment of the\narrested person to the custody of the sheriff, admit to, fix or accept\nbail, or release the arrested person on his or her recognizance pending\nappearance in the court that issued the order of protection, temporary\norder of protection or warrant. In making such order, such local\ncriminal court shall consider the bail recommendation, if any, made by\nthe supreme or family court as indicated on the warrant or certificate\nof warrant. Unless the petitioner or complainant requests otherwise, the\ncourt, in addition to scheduling further criminal proceedings, if any,\nregarding such alleged family offense or violation allegation, shall\nmake such matter returnable in the supreme or family court, as\napplicable, on the next day such court is in session.\n 3-c. Orders of protection; filing and enforcement of out-of-state\norders. A valid order of protection or temporary order of protection\nissued by a court of competent jurisdiction in another state,\nterritorial or tribal jurisdiction shall be accorded full faith and\ncredit and enforced as if it were issued by a court within the state for\nas long as the order remains in effect in the issuing jurisdiction in\naccordance with sections two thousand two hundred sixty-five and two\nthousand two hundred sixty-six of title eighteen of the United States\nCode.\n a. An order issued by a court of competent jurisdiction in another\nstate, territorial or tribal jurisdiction shall be deemed valid if:\n (1) the issuing court had personal jurisdiction over the parties and\nover the subject matter under the law of the issuing jurisdiction;\n (2) the person against whom the order was issued had reasonable notice\nand an opportunity to be heard prior to issuance of the order; provided,\nhowever, that if the order was a temporary order of protection issued in\nthe absence of such person, that notice had been given and that an\nopportunity to be heard had been provided within a reasonable period of\ntime after the issuance of the order; and\n (3) in the case of orders of protection or temporary orders of\nprotection issued against both a petitioner and respondent, the order or\nportion thereof sought to be enforced was supported by: (i) a pleading\nrequesting such order, including, but not limited to, a petition,\ncross-petition or counterclaim; and (ii) a judicial finding that the\nrequesting party is entitled to the issuance of the order, which may\nresult from a judicial finding of fact, judicial acceptance of an\nadmission by the party against whom the order was issued or judicial\nfinding that the party against whom the order was issued had give\nknowing, intelligent and voluntary consent to its issuance.\n b. Notwithstanding the provisions of article fifty-four of the civil\npractice law and rules, an order of protection or temporary order of\nprotection issued by a court of competent jurisdiction in another state,\nterritorial or tribal jurisdiction, accompanied by a sworn affidavit\nthat upon information and belief such order is in effect as written and\nhas not been vacated or modified, may be filed without fee with the\nclerk of the court, who shall transmit information regarding such order\nto the statewide registry of orders of protection and warrants\nestablished pursuant to section two hundred twenty-one-a of the\nexecutive law; provided, however, that such filing and registry entry\nshall not be required for enforcement of the order.\n 4. One-time adjustment of child support orders issued prior to\nSeptember fifteenth, nineteen hundred eighty-nine. Any party to a child\nsupport order issued prior to September fifteenth, nineteen hundred\neighty-nine on the behalf of a child in receipt of public assistance or\nchild support services pursuant to section one hundred eleven-g of the\nsocial services law may request that the support collection unit\nundertake one review of the order for adjustment purposes pursuant to\nsection one hundred eleven-h of the social services law. A hearing on\nthe adjustment of such order shall be granted upon the objection of\neither party pursuant to the provisions of this section. An order shall\nbe adjusted if as of the date of the support collection unit's review of\nthe correct amount of child support as calculated pursuant to the\nprovisions of this section would deviate by at least ten percent from\nthe child support ordered in the current order of support. Additionally,\na new order shall be issued upon a showing that the current order of\nsupport does not provide for the health care needs of the child through\ninsurance or otherwise. Eligibility of the child for medical assistance\nshall not relieve any obligation the parties otherwise have to provide\nfor the health care needs of the child. The support collection unit's\nreview of a child support order shall be made on notice to all parties\nto the current support order. Nothing herein shall be deemed in any way\nto limit, restrict, expand or impair the rights of any party to file for\na modification of a child support order as is otherwise provided by law.\n (1) Upon mailing of an adjustment finding and where appropriate a\nproposed order in conformity with such finding filed by either party or\nby the support collection unit, a party shall have thirty-five days from\nthe date of mailing to submit to the court identified thereon specific\nwritten objections to such finding and proposed order.\n (a) If specific written objections are submitted by either party or by\nthe support collection unit, a hearing shall be scheduled by the court\non notice to the parties and the support collection unit, who then shall\nhave the right to be heard by the court and to offer evidence in support\nof or in opposition to adjustment of the support order.\n (b) The party filing the specific written objections shall bear the\nburden of going forward and the burden of proof; provided, however, that\nif the support collection unit has failed to provide the documentation\nand information required by subdivision fourteen of section one hundred\neleven-h of the social services law, the court shall first require the\nsupport collection unit to furnish such documents and information to the\nparties and the court.\n (c) If the court finds by a preponderance of the evidence that the\nspecific written objections have been proven, the court shall\nrecalculate or readjust the proposed adjusted order accordingly or, for\ngood cause, shall remand the order to the support collection unit for\nsubmission of a new proposed adjusted order. Any readjusted order so\nissued by the court or resubmitted by the support collection unit after\na remand by the court shall be effective as of the date the proposed\nadjusted order would have been effective had no specific written\nobjections been filed.\n (d) If the court finds that the specific written objections have not\nbeen proven by a preponderance of the evidence, the court shall\nimmediately issue the adjusted order as submitted by the support\ncollection unit, which shall be effective as of the date the order would\nhave been effective had no specific written exceptions been filed.\n (e) If the court receives no specific written objections to the\nsupport order within thirty-five days of the mailing of the proposed\norder the clerk of the court shall immediately enter the order without\nfurther review, modification, or other prior action by the court or any\njudge or support magistrate thereof, and the clerk shall immediately\ntransmit copies of the order of support to the parties and to the\nsupport collection unit.\n (2) A motion to vacate an order of support adjusted pursuant to this\nsection may be made no later than forty-five days after an adjusted\nsupport order is executed by the court where no specific written\nobjections to the proposed order have been timely received by the court.\nSuch motion shall be granted only upon a determination by the court\nissuing such order that personal jurisdiction was not timely obtained\nover the moving party.\n * 5. Provision of child support orders to the state case registry. The\ncourt shall direct that a copy of any child support or combined child\nand spousal support order issued by the court on or after the first day\nof October, nineteen hundred ninety-eight, in any proceeding under this\nsection be provided promptly to the state case registry established\npursuant to subdivision four-a of section one hundred eleven-b of the\nsocial services law.\n * NB There are 2 subdivision 5's\n * 5. On-going cost of living adjustment of child support orders issued\nprior to September fifteenth, nineteen hundred eighty-nine. Any party to\na child support order issued prior to September fifteenth, nineteen\nhundred eighty-nine on the behalf of a child in receipt of public\nassistance or child support services pursuant to section one hundred\neleven-g of the social services law may request that the support\ncollection unit review the order for a cost of living adjustment in\naccordance with the provisions of section two hundred forty-c of this\narticle.\n * NB There are 2 subdivision 5's\n