Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Any person except a commissioner of social services, a social services official
or a person who is receiving paternity and support services pursuant to section
111-g of
the Social Services Law, seeking to file a petition for support under article 4
of the Family Court Act, may first be referred to the probation service
concerning the advisability of filing a petition.
(b) The probation service shall
be available to meet and confer concerning the advisability of filing a
petition with the person seeking to file a petition for support, the potential
respondent and any other interested person no later than the next regularly
scheduled court day. The probation service shall permit any participant who is
represented by a lawyer to be accompanied at any preliminary conference by the
lawyer, who shall be identified by the probation officer to the other party,
and shall not discourage any person from seeking to file a petition.
(c) At the first appearance at a
conference by each of the persons listed in subdivision (b) of this section,
the probation service shall inform such person concerning the function and
limitations of, and the alternative to, the adjustment process, and that:
(1) the purpose of the
adjustment process is to discover whether it will be possible to arrive at a
voluntary agreement for support without filing a petition;
(2) the person seeking to file a
petition for support is entitled to request that the probation service confer
with him or her, the potential respondent and any other interested person
concerning the advisability of filing a petition for support under article 4 of
the Family Court Act;
(3) if the assistance of the probation
service is not requested or, if requested, is subsequently declined, the person
seeking to file a petition for support is entitled to have access to the court
at any time for that purpose and may proceed to file a petition for
support;
(4) the
probation service is not authorized to, and shall not, compel any person,
including the person seeking support, to appear at any conference, produce any
papers or visit any place;
(5) the adjustment process must commence
within 15 days from the date of the request for a conference, may continue for
a period of two months from the date of that request, and may be extended for
an additional 60 days upon written application to the court containing the
consent of the person seeking to file a petition;
(6) if the adjustment process is
not successful, the persons participating therein shall be notified in writing
of that fact and that the person seeking to file a petition for support is
entitled to access to the court for that purpose; and
(7) if the adjustment of the
matter results in a voluntary agreement for support of the petitioner and any
dependents:
(i) it shall be
reduced to writing by the probation service, signed by both parties to it, and
submitted to the Family Court for approval;
(ii) if the court approves it, the court
may, without further hearing, enter an order for support pursuant to section
425 of the
Family Court Act in accordance with the agreement;
(iii) the order when entered
shall be binding upon the parties and shall in all respects be a valid order,
and the Family Court may entertain a proceeding for enforcement of the order
should there not be compliance with the order; and
(iv) unless the agreement is
submitted to the Family Court and an order is issued, the Family Court will not
entertain a proceeding for the enforcement of the agreement should the
agreement not be complied with.
(d) If the adjustment process is
not commenced, the probation service shall give written notice to the persons
listed in subdivision (b) of this section that:
(1) the adjustment process will not be
commenced, and the reasons therefor;
(2) the person seeking to file a petition
for support is entitled to access to the court for that purpose; and
(3) if applicable, the
adjustment process was not commenced on the ground that the court would not
have jurisdiction over the case, and the question of the court's jurisdiction
may be tested by filing a petition.
