F.C.A. §451, 548 Form 5-17b (Paternity-- Affidavit in Support of Motion to Vacate Judgment for Lack of Service) (8/2010) FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ........................................................................................... In the Matter of a Proceeding under Article 5 of the Family Court Act, Petitioner -againstRespondent ............................................................................................ STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) DOCKET NO. AFFIDAVIT IN SUPPORT OF MOTION TO VACATE FOR LACK OF SERVICE I, [specify name]: , [check if applicable]: G an attorney duly admitted to practice law in the State of New York, G swear G affirm the following to be true under the penalties of perjury: 1. I am: , the Respondent in the above-entitled action. I make this affidavit in support of the motion for an Order vacating the [check applicable box(es)]: G Order of Filiation G Order of Child Support , entered by this Court on [specify date(s)]: , for the support of the following child(ren)[specify]: A copy of the G Order of Filiation G Order of Child Support is attached. 2. I did not appear in Court on the date the Order was issued because I had not been served with a summons or petition and I had no notice of the proceedings. 3. I did not make this motion earlier because [specify reasons, if any]: 4. If I had appeared in court I would have presented the following valid defense to the paternity petition [briefly summarize defense]: 5. No previous application has been made to any court or judge for the relief herein requested (except [specify]: WHEREFORE, I respectfully request that the G Order of Filiation G Order of Child Support entered by this Court on [specify date]: be vacated and that this Court grant such other and further relief as it may deem proper. American LegalNet, Inc. www.FormsWorkFlow.com Form 5-17b Dated , . ______________________________________ Signature of Applicant ______________________________________ Print or Type Name Sworn to before me this day of , Page 2 (Deputy) Clerk of the Court Notary Public _____________________________________ Signature of Attorney, if any ______________________________________ Attorney's Name (print or type) ______________________________________ ______________________________________ Attorney's Address and Telephone Number American LegalNet, Inc. www.FormsWorkFlow.com