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Summons-Paternity (Service Within NYS) Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Summons-Paternity (Service Within NYS), 5-1a, New York Statewide, Family Court
F.C.A. § 524, 531-a, Art 5-B
(To Be Used for Service
Within New York State)
Form 5-1-a
(Summons - Paternity)
(Service Within NYS)
8/2010
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF ___________________________
......................................................................................
In the Matter of a Proceeding under
Article __ of the Family Court Act
(Commissioner of Social Services, Assignee
on behalf of
, Assignor
Petitioner,
Docket No._________
SUMMONS-PATERNITY
(Service Within NYS)
-againstRespondent,
.......................................................................................
NOTICE:
YOUR FAILURE TO APPEAR SHALL RESULT IN AN ENTRY OF AN
ORDER OF FILIATION ON DEFAULT UPON PROOF THAT YOU
RECEIVED ACTUAL NOTICE OF THE COMMENCEMENT OF THIS
PROCEEDING. YOUR FAILURE TO APPEAR MAY ALSO RESULT IN A
WARRANT FOR YOUR ARREST AND SUSPENSION OF YOUR DRIVING
PRIVILEGES; STATE-ISSUED PROFESSIONAL, OCCUPATIONAL AND
BUSINESS LICENSES; AND RECREATIONAL AND SPORTING LICENSES
AND PERMITS.1
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO THE ABOVENAMED RESPONDENT
, who resides or is found at:
___________________________________________________________________
__________________________________________________________________________________
_____________
(A Petition)(Petitions) under Article __ of the Family Court Act having been filed with this
Court and annexed hereto
YOU ARE HEREBY SUMMONED to appear before this court at _______________
______________________________________________, New York, on
,
,
at
o'clock in the
noon of that day to show cause why the declaration of paternity, order of
filiation, order of support and other and further relief requested in the petition should not be made.
1
Pursuant to Section 531-a of the Family Court Act, you may qualify to testify by
telephone, audio-visual means or other electronic means if you reside in a county in New York
State not contiguous to the Family Court in which the matter will be heard, if you are
incarcerated and do not expect to be released within a reasonable period of time after the
scheduled date or if you will suffer an undue hardship by appearing in court. The five counties of
New York City are treated as one county for purposes of this section. If you wish to request
permission, you must submit Form 4-24/5-16/UIFSA-10, which you may obtain from Family
Court or on the internet at www.courts.state.ny.us.
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Form 5-1a Page 2
Dated:
,
.
_______________________________
Clerk of the Court
NOTICE: Family Court Act §154(c) provides that support, paternity, custody, family offense and child
abuse and neglect petitions, in which an order of protection is sought or in which a violation of an
order of protection is alleged, may be served outside the State of New York upon a Respondent who is
not a resident or domiciliary of the State of New York. In such instance, the exercise of personal
jurisdiction over the Respondent is limited to the issue of the request for, or alleged violation of, the
order of protection, unless the Uniform Interstate Family Support Act or Family Court Act §154(b)
provides other grounds for the exercise of personal jurisdiction over the Respondent. Where the
Respondent has been served with this summons and petition and does not appear, the Family Court
may proceed to a hearing with respect to issuance or enforcement of the order of protection.
FINANCIAL DISCLOSURE NOTICE
IF THE COURT ENTERS AN ORDER OF PATERNITY (ORDER OF FILIATION), THE COURT
WILL IMMEDIATELY PROCEED TO ENTER AN ORDER OF SUPPORT. IN THE SUPPORT
PROCEEDING, YOU ARE REQUIRED TO PROVIDE THE COURT WITH A CURRENT AND
REPRESENTATIVE PAYCHECK STUB AND MOST RECENTLY FILED STATE AND
FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OF THE W-2 WAGE AND TAX
STATEMENT(S) SUBMITTED WITH THE RETURN. YOU MAY BE REQUIRED TO FURNISH
PAST INCOME TAX RETURNS; EMPLOYER STATEMENTS; PAY STUBS; CORPORATE,
BUSINESS OR PARTNERSHIP BOOKS AND RECORDS; CORPORATE AND BUSINESS TAX
RETURNS; AND RECEIPTS FOR EXPENSES OR SUCH OTHER MEASURES OF
VERIFICATION AS THE COURT DETERMINES APPROPRIATE. IF YOU WILL BE
CONSENTING TO ENTRY OF THE DECLARATION OF PATERNITY REQUESTED IN THE
PETITION ON THE RETURN DATE OF THIS SUMMONS YOU SHOULD BRING THE ABOVE
DOCUMENTS WITH YOU TO COURT ON THAT DAY.
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