New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 205 - Uniform Rules For The Family Court
Section 205.39 - Authority of probation when there is a failure to obey a lawful order of the court (support)

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 205.39

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The probation service, at the request of the petitioner, is authorized to confer with the respondent and the petitioner whenever any respondent fails to obey a lawful order of the court made under article 4 of the Family Court Act or an order of support made under article 5 of the Family Court Act concerning the existence of the violation, the reason for it and the likelihood that there will be compliance in the future. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any 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 to enforce compliance.

(b) Before holding any conference pursuant to subdivision (a) of this section:

(1) the probation service shall notify the respondent in writing that:
(i) the probation service is willing to confer with the respondent and must hear from the respondent within seven days if a conference is to be held; and

(ii) the petitioner is entitled to petition the court to enforce compliance with the order;

(2) a copy of this notice shall be furnished to the petitioner; and

(3) if the respondent does not communicate with the probation service within seven days, the probation service shall advise the petitioner that he or she may petition the court to enforce compliance with the order.

(c) If, at a conference held pursuant to subdivision (a) of this section, it shall appear to the probation service that the failure to comply with the order was not willful and that there is a substantial likelihood that compliance with the order will result, the probation service is authorized to adjust the matter informally. An existing order may not be modified by informal adjustment without the filing of a petition for such modification and the approval of the court thereof. Efforts at adjustment pursuant to this subdivision shall not extend beyond the conference held pursuant to subdivision (a) of this section.

(d) The probation service is not authorized to, and shall not, discuss with the petitioner or the respondent:

(1) the advisability or likely outcome of filing a petition to enforce compliance with the order; or

(2) the amount of arrears that would be awarded or cancelled by the court if a petition to enforce the order were filed.

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