F.C.A.§ 439(e); Art.5-B Form 4-7a (Order-After Filing of Objections) 5/2015 At a term of the Family Court of the State of New York, held in and for the County of , at New York on , . PRESENT: Hon. Judge ..................................................................................... In the Matter of a Proceeding for Support Under Article of the Family Court Act Docket No. ORDER (After Filing of Objections) Petitioner, S.S.#: xxxx-xx-againstRespondent S.S.#: xxxx-xx...................................................................................... NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS FOR CONTEMPT OF COURT OR PROSECUTION FOR CRIMINAL NON-SUPPORT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPENSION OF YOUR DRIVER'S LICENSES, STATE- ISSUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPOSITION OF REAL OR PERSONAL PROPERTY LIENS. The Petitioner, having filed a petition, dated alleging that the Respondent [check applicable box(es)]: G failed to obey an order, dated G seeks to: G terminate G extend G modify an order, dated which order alleges that the Respondent is chargeable with the support of [specify]: Name(s) of child(ren) Date(s) of Birth Last 4 Digits of Soc. Sec. # And Respondent having appeared before a Support Magistrate of this Court to answer the petition and to show why an order of Support and other relief requested in the petition should not be granted; and Respondent, after having been advised of the right to counsel, having Q denied Q admitted the allegations of the petition; and American LegalNet, Inc. www.FormsWorkFlow.com Form 4-7a Page 2 The matter having been heard before a Support Magistrate of this Court and the Support Magistrate having made findings of fact and having entered a final order [recite terms of order]: And specific written objections to the order of support having been timely filed with this Court by [specify]: after entry of the order, and this Court having reviewed the objections, and a new hearing [check applicable box]: Ghaving been G not having been held; And the name, address and telephone number of GRespondent's G (modification only): Petitioner's current employer(s) is/are: NAME ADDRESS TELEPHONE NOW, after examination and inquiry into the facts and circumstances of the case (and after hearing the proofs and testimony offered); it is hereby G ORDERED that the objections filed are hereby DENIED. OR G ORDERED that the following issues of fact are hereby REMANDED to the Support Magistrate for determination: . OR G ORDERED and ADJUDGED that the objections are SUSTAINED to the extent set forth in the following new findings [recite new findings of fact]: and are DENIED in all other respects. And it is further ORDERED that: The basic child support obligation for support of the following child(ren) is $____________ Q weekly, Q every two weeks, Q monthly, Q twice per month, Q quarterly: NAME DATE OF BIRTH LAST 4 DIGITS OF SOC. SEC. # AMOUNT The mother is the Qcustodial Q non-custodial parent, whose pro rata share of the basic child support obligation is $_______________; The father is the Qcustodial Qnon-custodial parent, whose pro rata share of the basic child obligation is $ ___________ Q weekly, Q every two weeks, Q monthly, Q twice per month, Q quarterly; And the Court finds further that: American LegalNet, Inc. www.FormsWorkFlow.com Form 4-7a Page 3 G The non-custodial parent's pro rata share of the basic child support obligation is neither unjust nor inappropriate; 1 OR G Upon consideration of the following factors specified in Family Court Act §413(1)(f): the non-custodial parent's pro rata share of the basic child support obligation is: G unjust G inappropriate;2 NOW, therefore, it is hereby G ORDERED AND ADJUDGED that the above-named Respondent is chargeable with the support of the following person(s) and is possessed of sufficient means and able to earn such means to provide the payment of the sum $ G weekly G every two weeks G monthly Gtwice per month G quarterly, such payments to commence on , , allocated as follows for and toward the support of Respondent's spouse and children as follows: Name spouse: child(ren): Date of Birth Last 4 Digits of Soc. Sec. # Amount Per Each Time Period 3 Total: G ORDERED that the Q judgment Qorder, dated G ORDERED that the Qjudgment Q order dated of this Court; G ORDERED that the Q judgment Qorder, dated following respects: , , , is terminated; , is continued until further order , , is modified and in the G AND the defaulting party having Q shown Qfailed to show good cause for failure to make an application for relief from the judgment or order directing payment prior to the accrual of the arrears, it 1 This paragraph is to be used if the basic child support obligation is applied without deviation. This paragraph is to be used only if the court's order deviates from the basic child support obligation, pursuant to F.C.A.§ 413(1)(g). Specify whether support amount is weekly, every two weeks, monthly, twice per month or quarterly. American LegalNet, Inc. www.FormsWorkFlow.com 2 3 Form 4-7a Page 4 is G ORDERED that arrears in the amount of $ Q fixed at the full amount of $ are Q annulled Qreduced to $ ; and it is further [Applicable to IV-D cases only]: G ORDERED that the Respondent pay the additional sum of $ G weekly G every two weeks G monthly Gtwice per month G quarterly. towards arrears of $ ; and with respect to such arrears payments, the Court finds that any anticipated tax refunds have been considered by the Court and taken into account in determining the amount of periodic payments to be paid toward said arrears and further directs that such arrears are not to be certified to the State Tax Commission pursuant to section 171-c of the Tax Law; and it is further G ORDERED that judgment be entered in favor of the Petitioner against the Respondent in the amount of $ , G plus interest [CPLR 5004] from , , in the amount of $ , G plus costs and disbursements in the amount of $ , for a total sum of $ ; and it is further G ORDERED and ADJUDGED that the above-named Q Respondent Q Petitioner is responsible for the support so ordered from the date of the filing of the petition to the date of this Order Q less the amount of $ already paid, and that the Q Respondent Q Petitioner shall pay the sum of $ as follows: $ immediately, $ Q weekly, Q every two wee