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Petition For Support After Acknowledgment Of Paternity (Commissioner) Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Petition For Support After Acknowledgment Of Paternity (Commissioner), 4-18a, New York Statewide, Family Court
F.C.A. Article 4,S.S.L.§ 111-k; Public Health Law§ 4135-b [NOTE: Personal Information Form 4-5/5-1-d, containing social security numbers of parties and dependents, must be filed with this Petition] FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ............................................................................................ .. In the Matter of a Proceeding for Support Under Article Of the Family Court Act Commissioner of Social Services, Assignee on behalf of , Assignor Petitioner, -againstRespondent. ........................................................................................... TO THE FAMILY COURT: Form 4-18a (Petition for Support After Acknowledgment Of PaternityCommissioner) 6/2012 Docket No. PETITION FOR SUPPORT AFTER ACKNOWLEDGMENT OF PATERNITY (COMMISSIONER) 1. Petitioner is the Commissioner of Social Services whose official address is , in the County of State of New York and is authorized to originate this proceeding pursuant to the Social Services Law and the Family Court Act of the State of New York. 2. The assignor is authorized to originate a support proceeding but has assigned her/his right to do so to the Commissioner of Social Services pursuant to the Social Services Law of the State of New York. In the event the assignment ends the assignor may pursue support and may seek an order of support. 3. (Upon information and belief) (Assignor) on executed an acknowledgment of paternity pursuant to Social Services Law §111 K and Public Health Law § 4135-b acknowledging that [check applicable box]: Gshe is the mother Ghe is the biological father of [specify child]: , who was born out of wedlock on [specify date]: in [specify location]: The acknowledgment also stated that [specify other parent]: is the G mother G father of the child. American LegalNet, Inc. www.FormsWorkFlow.com Form 4-18a Page 2 4. The name(s) and date(s) of birth of the child(ren) are: Date of Birth Name 5. The Respondent is chargeable with the support of the above-named child in that (she) (he) duly executed an acknowledgment of paternity pursuant to SSL§ 111-K and P.H.L.§ 4135-b on acknowledging that [check applicable box]: Gshe is the mother Ghe is the biological father of the child. 6 . The acknowledgment G has G has not been filed with the appropriate registrar of birth records and a copy Gis G is not attached to this petition and made a part of it. 7. (Upon information and belief) Respondent, on or about , , and after that date, has failed to provide fair and reasonable support for the child according to Respondent's means and earning capacity. [Check boxes if applicable; delete paragraphs 7 and/or 8 if inapplicable]: 8. Respondent's G past financial responsibility G credit references Gcredit history and G other [specify]: make it unlikely that Respondent will make payments in accordance with the order of support requested in this petition. 9. Respondent has an Gemployer Gincome payor, as defined in CPLR Sec.5241(a), whose name and address are [specify]: , as a source of income. 10. No previous application has been made to any judge or court, including a Native American tribunal, or is presently pending before any judge or court, for the relief requested in this petition except: WHEREFORE, Petitioner requests an order for support1 directing Respondent to pay fair and reasonable support payable to the Commissioner of Social Services or, in the event the assignment ends, payable to the ex-assignor, requiring Respondent to exercise the option of additional coverage for health insurance in favor of his above-named child(ren), and for such other and further relief as the law provides. Pursuant to Section 111-g of the Social Services Law, where an order of support directs that support payments be made to the support collection unit of a social services district, the petition in such proceeding shall be deemed to be an application for support services. American LegalNet, Inc. www.FormsWorkFlow.com 1 Form 4-18a Page 3 NOTE: (1) A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY THE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT STANDARDS ACT. (2) A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER. (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. _______________________________ Petitioner ___________________________________ Print or type name American LegalNet, Inc. www.FormsWorkFlow.com Form 4-18a Page 4 ___________________________________ Signature of Attorney, if any ___________________________________ Attorney's Name (Print or Type) ___________________________________ ___________________________________ ___________________________________ Attorney's Address and Telephone Number American LegalNet, Inc. www.FormsWorkFlow.com