Current through Register Vol. 46, No. 12, March 20, 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.