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 205.42 - Submission by support collection units of proposed adjusted orders of support

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 205.42

Current through Register Vol. 46, No. 39, September 25, 2024

(a) A submission by a support collection unit pursuant to section 413 of the Family Court Act for adjustment of a child support order shall include the following, which shall be submitted on forms promulgated by the Chief Administrator of the Courts:

(1) an affidavit from the support collection unit, with findings in support of adjustment;

(2) a proposed adjusted order of support; and

(3) a notice to the parties of the proposed adjusted order and of the rights of the parties, including the addresses of the court and the support collection unit.

The documents set forth in this subdivision shall be filed with the clerk of the court within 10 days of mailing to the parties, together with an affidavit of service of these documents upon the parties.

(b) Where a written objection is received by the clerk of the court within 35 days of mailing to the parties of the documents set forth in subdivision (a) of this section, the court shall schedule a hearing upon notice to the support collection unit and the parties.

(c) Where no timely objection is received by the court, the court shall sign the order upon the court's being satisfied that the requirements of sections 111-h of the Social Services Law and 413 of the Family Court Act have been met, and shall transmit copies of the order to the support collection unit for service on the parties. Absent unusual circumstances, the court shall sign the order or dismiss the application within 10 business days after the conclusion of the 35-day objection period.

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