§ 580-602 — Procedure to register order for enforcement

New York § 580-602

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 6: Registration, Enforcement and Modification of Support Order
• Subpart A: Registration and Enforcement of Support Order
• Art. 5-B: Uniform Interstate Family Support Act

Text

§ 580-602. Procedure to register order for enforcement. (a) Except as\notherwise provided in section 580-706 of this article, a support order\nor income withholding order of another state or a foreign support order\nmay be registered in this state by sending the following records to the\nappropriate tribunal in this state:\n (1) a letter of transmittal to the tribunal requesting registration\nand enforcement;\n (2) two copies, including one certified copy, of the order to be\nregistered, including any modification of the order;\n (3) a sworn statement by the person requesting registration or a\ncertified statement by the custodian of the records showing the amount\nof any arrearage;\n (4) the name of the obligor and, if known:\n (i) the obligor's address and social security number;\n (ii) the name and address of the obligor's employer and any other\nsource of income of the obligor; and\n (iii) a description and the location of property of the obligor in\nthis state not exempt from execution; and\n (5) except as otherwise provided in section 580-312 of this article,\nthe name and address of the obligee and, if applicable, the person to\nwhom support payments are to be remitted.\n (b) On receipt of a request for registration, the registering tribunal\nshall cause the order to be filed as an order of a tribunal of another\nstate or a foreign support order, together with one copy of the\ndocuments and information, regardless of their form.\n (c) A petition or comparable pleading seeking a remedy that must be\naffirmatively sought under other law of this state may be filed at the\nsame time as the request for registration or later. The pleading must\nspecify the grounds for the remedy sought.\n (d) If two or more orders are in effect, the person requesting\nregistration shall:\n (1) furnish to the tribunal a copy of every support order asserted to\nbe in effect in addition to the documents specified in this section;\n (2) specify the order alleged to be the controlling order, if any; and\n (3) specify the amount of consolidated arrears, if any.\n (e) A request for a determination of which is the controlling order\nmay be filed separately or with a request for registration and\nenforcement or for registration and modification. The person requesting\nregistration shall give notice of the request to each party whose rights\nmay be affected by the determination.\n