Albany Family Court Help Center Training

Albany County

Bar Association

ALBANY FAMILY COURT HELP CENTER TRAINING

2.0 CLE credit hours Wednesday, June 20, 2018 Professional Practice Albany Law School Board Room | 2000 Building 2 Notre Dame Drive Albany, NY 12208 ALBANY COUNTY BAR ASSOCIATION Albany Family Court Help Center Training and Family Law Basics

AGENDA June 20, 2018 9:30 am – 11:30 am

2.0 MCLE Credits in Professional Practice Transitional/Nontransitional: Appropriate for BOTH newly-admitted attorneys and experienced attorneys.

Speakers: Kristin Petrella, Esq., Albany County Bar Association Susan Pattenaude, Esq., The Legal Project

I. Substantive Family Law and Domestic Violence Screening 9:30 am -- 11:30 am Speakers: Kristin Petrella, Esq. Susan Pattenaude, Esq. Table of Contents Administrative Matters ...... 1 Attorney Information for the Help Center ...... 2 Help Center Client Tracking Information ...... 3 Limited Scope Legal Services Acknowledgement and Understanding ...... 4 Community Resource Guide……………………………………………………………………………………………………5 Domestic Violence Agency Handout ...... 7 Language Line ...... 8 Paternity ...... 11 The Basics: Paternity Proceedings in New York State ...... 12 Santosky v. Kramer- Significance ...... 24 Custody ...... 26 Custody Terms and Definitions ...... 27 Legal Custody ...... 27 Physical Custody ...... 28 Choosing the Petition ...... 28 Petition for Custody/Visitation...... 28 Petition to Modify an Order of Custody/Visitation ...... 28 Petition for Violation of an Order of Custody/Visitation ...... 29 Support ...... 30 NYCOURTS.GOV Child and/or Spousal Support Information ...... 31 How to Get Child Support in New York State ...... 35 Assisting Non-Custodial Parents to Modify Child Support and Arrears Payments ...... 40 Assisting Non-Custodial Parents to Modify Child Support and Arrears Payments when “Add- On” bring Parents below the Self-Support Reserve...... 42 Financial Disclosure Affidavit ...... 43 Family Offense Petitions and Domestic Violence Screening Materials ...... 51 Family Offense Definitions ...... 52 NYS Address Confidentiality Program ...... 68 Petition Guide ...... 70 Domestic Violence Risk Factor Guide for Civil Attorneys ...... 72 Tips for Interviewing Victims of Intimate Partner Violence ...... 75 Power and Control Wheel ...... 77 Equality Wheel ...... 78 Myths and Facts about Domestic Violence ...... 79 For Domestic Violence Survivors, Family Court becomes Site of Continue Abuse ...... 81 Forms ...... 87 Albany County Family Court Information Sheet ...... 88 Address Confidentiality Affidavit FCA §154-b ...... 89 Paternity Petition ...... 90 Petition for Custody/Parenting Time ...... 93 Petition for Modification of an Order of Custody/Visitation ...... 96 Petition for Violation of Court Order for Custody/Parenting Time...... 98 Support Petition Child/Spouse ...... 100 Petition for Modification of a Support Order made by Family Court/Supreme Court ...... 103 Petition for Violation of Order of Support Child Support/Spousal Support/Health Insurance.106 Family Offense Petition ...... 109 Petition for Modification of an Order of Protection ...... 112 Petition for Violation of an Order of Protection ...... 114 Albany County Family Court (Continuation Sheet) ...... 116 Biographies ...... 117

ADMINISTRATIVE MATTERS

Attorney Information for the Help Center

Welcome to the Help Center! Thank you for volunteering your time. Below are some things to remember:

• Please make sure all signs indicate that the attorney is “in.” o Sign outside Court Clerk’s Window o Sign outside Help Center

• Please fill out Help Center Client Tracking Sheet, located in the blue folder marked “Attorney Materials” o When you are finished for the day, please place it in the manila folder marked “Completed Tracking Materials”

• Make sure each client signs TWO NYRPC 1.2/6.5 waivers (“Limited Scope Legal Services Acknowledgement and Understanding”) o Send one home with the client o Place the other in the “Completed Tracking Materials” folder when you are finished consulting with client.

• If there are no clients, please go to the Court Clerk’s Window area, announce yourself as an attorney for the Help Center, and ask if anyone needs assistance.

• If you have questions, comments or concerns, feel free to contact the following people:

o For substantive law questions (volunteer attorneys only; do not give this information to clients looking for additional free assistance): Lorraine Silverman, Esq. Mack & Associates (518) 465-1451

o For everything else: Kristin Petrella, Esq. Albany County Bar Association Coordinating Attorney (518) 445-7691 x113

2 Albany County Bar Association Family Court Help Center Client Tracking Sheet

Volunteer Name:

Date:

Time:

Volunteer for (circle one): ACBA / LASNNY

# of Client Type of Form members in Gender Referred to? (Agency Name (Custody, Support, household (Circle) if any) Client Client Visitation, etc.) (including Time In Time Out petitioner) 1. M / F 2. M / F 3. M / F 4. M / F 5. M / F

(Continue below if necessary)

Volunteer Name:

Date:

Time:

Volunteer for (circle one): ACBA / LASNNY

3 ALBANY COUNTY FAMILY COURT HELP CENTER VOLUNTEER ATTORNEY PROGRAM

LIMITED SCOPE LEGAL SERVICES ACKNOWLEDGMENT AND UNDERSTANDING

Welcome to the Albany County Family Court Help Center Volunteer Attorney Program. This program is sponsored by the New York State Courts Access to Justice Program, Albany Law School Pro Bono Program, the Albany County Bar Association and the Legal Aid Society of Northeastern New York, in collaboration with a number of private law firms, companies and sole practitioners (collectively, the Sponsoring Firms”). This is an Acknowledgment between the Sponsors and you. It contains the basic terms of this program, which will provide you with limited legal advice and assistance so that you can better represent yourself in your Family Court case. Volunteer Attorneys: The attorneys who volunteer for this program (the “Volunteer Attorneys”) are selected and approved by the Albany County Family Court for participation in this project. They are not court employees. Scope of Legal Advice: You are representing yourself in your case. Neither the Sponsors nor the Volunteer Attorneys are representing you in any way. What they will do is provide you with legal information and advice, only with respect to issues related to child support, paternity, guardianship, family offense, custody and visitation and only based on the information that you provide them. Communications between you and the Volunteer Attorneys will be treated as confidential, as required by law and as required by lawyers’ ethical rules. Duration of Legal Help: This arrangement will begin right now and will end at the completion of this meeting. Unless agreed to in writing, the Volunteer Attorneys and the Sponsors will not help you in any way after the completion of today’s appointment and will take on no responsibility or liability whatsoever regarding the outcome of your case or your legal problems. You are responsible for meeting all filing deadlines and appearing on all court dates. Attorney’s Fees and Costs: There is no cost for this meeting. There may, however, be costs and court fees associated with your case for which you will be responsible. The Volunteer Attorneys may decide not to advise you: (a) if the Volunteer Attorney has actual knowledge that providing advice to you at this time involves a conflict of interest for the Volunteer Attorney or the Volunteer Attorney’s law firm; (b) if your legal problems are too complicated and beyond the scope of this project; or (c) for any other reason set forth in the New York Rules of Professional Conduct. The Volunteer Attorney or the Volunteer Attorney’s law firm may have an existing conflict of interest in providing advice to you at this time or such a conflict may arise in the future. Unless the Volunteer Attorney has actual knowledge that providing advice to you at this time involves a conflict of interest for the Volunteer Attorney or the Volunteer Attorney’s law firm, you agree to waive any such conflict arising out of the matters discussed here today whether presently or in the future. This agreement has been read to you in a language that you understand.

Your Name (please print)

Your Signature

Today’s Date

4 If you need free legal help:

The Legal Project (Family Law, Immigration, Bankruptcy, and more) 24 Aviation Road, Suite 101 Albany, NY 12205 Phone: (518) 435-1770 [email protected]

Legal Aid Society of Northeastern New York -- Albany Office (many areas of law) 55 Colvin Avenue Albany NY 12206 Hours: Weekdays 9am – 5pm (Closed between noon and 1:00pm) Phone Number: (518) 462-6765

Albany Law School Clinic & Justice Center (Family Violence Litigation Center, Immigration Law Clinic, Health Law Clinic, and Community Development Clinic) Hours: Weekdays 8:30am-4:30pm (518) 445-2328

LIFT Family Legal Services HelpLine (Legal advice via phone on family court issues only) Hours: Weekdays 9am – 5pm (212) 343-1122

If you or someone you know is a victim of domestic violence:

Equinox (has an additional office near the Albany County Family Court Clerk’s window) 102 Hackett Blvd Albany, NY 12209 (518) 434-6135 Main number (518) 432-7865 Domestic Violence Hotline

If someone in a State Prison needs help:

Prisoners’ Legal Services 41 State Street, Suite M112 Albany, NY 12207 (518) 445-6050

If you need help with housing issues:

United Tenants (for renters) 255 Orange Street, Suite 104 Albany NY 12210 (518) 436-8997

Home Save (foreclosure prevention) (518) 434-1730

5 If you need help finding a paid attorney:

Albany County Lawyer Referral Service (NO FREE LAWYERS) Albany County Bar Association Hours: Weekdays 9:30am – 1:30pm (518) 445-7691

Childcare while you are in court:

Family Court Children’s Center (for children between the ages of 6 weeks and 12 years) First Floor, Albany County Family Court, across from the Clerk’s Window Hours: Monday, Tuesday, Thursday, and Friday: 9:00am – 5:00pm Wednesday: 9:00am – 1:00pm (518) 285-8645

6 If you or someone you know has experienced domestic violence:

Equinox Advocacy, support, safety planning 102 Hackett Blvd Albany, NY 12209 (has an additional office near the Albany County Family Court Clerk’s window) (518) 434-6135 Main number (518) 432-7865 Domestic Violence Hotline

The Legal Project Free legal representation 24 Aviation Road, Suite 101 Albany, NY 12205 Phone: (518) 435-1770 [email protected]

PATERNITY PROCEEDINGS

THE BASICS Paternity Proceedings in New York State

12 WHAT IS PATERNITY?

Paternity means that a man is legally the father of a child. As the legal father, he has both legal rights and duties to his child.

WHEN IS A FATHER THE LEGAL FATHER?

 If the mother and father are married when the child is born, even if they are not married to each other now, the law says the father is the legal father. OR  If the mother and the father are not married when the child is born, but they both sign an Acknowledgment of Paternity form. OR  If a court issues an order, called an Order of Filiation, after the mother or the father starts a paternity proceeding.

WHAT IS AN ACKNOWLEDGMENT OF PATERNITY?

When a baby is born to an unmarried woman, the hospital must give the mother and father (if he is there) the chance to sign an Acknowledgment of Paternity form. This is a written statement naming the person who is the father of the child.

Once a man is declared the legal father of a child, he has the right to seek custody or visitation. He also has the legal obligation to pay child support.

There are agencies that help with safety planning, counseling and considering the best legal choices.

13 WHY WOULD THE FATHER START A PATERNITY PROCEEDING?

 To make sure someone else is not known as the father.

 To have the right to visit with his child.

 To have custody of his child.

 To make sure you do not move far away with the child.

An Order of Filiation is an order from a court naming the child’s father.

WHEN DO I NEED TO GO TO COURT TO GET AN ORDER OF FILIATION?

If you want the father of your child to pay you child support and you were never married to him and you do not have an Acknowledgment of Paternity, you must first have an Order of Filiation (an order naming the child’s father). Once the Court issues the Order of Filiation, it will automatically begin a child support case. If you are or were married to the child’s father at the time of the child’s birth, you do not need to have an Order of Filiation; instead you should just show the marriage certificate for yourself and the child’s father.

If you were married to someone else at the time the child was born and your husband is not the child’s father, you must first have an Order of Filiation if you want the child’s father to pay you child support.

If you do not want the father of the child to pay you child support, or if you are receiving cash public assistance for the child, then there is no need to get an Order of Filiation.

You should know that an Order of Filiation gives the father the right to seek custody and/or visitation with your child. Be sure to speak with an attorney if you believe that it would not be safe for you to go to court or if you believe it would not be safe for you to get an Order of Filiation which could put you and your child in contact with the father.

14 WHEN CAN I START A PATERNITY PROCEEDING?

 You can start a paternity proceeding at any time while you are pregnant and up until the child is 21 years old and supporting himself/herself.

 You can start a paternity proceeding even after your child turns 21 years old IF the father has admitted he is the father in writing, or IF the father has been paying child support.

 You do not need to be 21 years old to start a paternity case.

 You can start a paternity case even if the father is dead, but only under certain circumstances.

WHERE SHOULD I GO TO START A PATERNITY PROCEEDING?

The Family Court is the only court that can make an Order of Filiation. If you and the father live in the same county, you MUST go to the Family Court in that county. If you and the father live in different counties, you can go to the Family Court in either county.

HOW DO I START A PATERNITY PROCEEDING IN FAMILY COURT?

Go to the petition room of Family Court and a clerk will help you complete a paternity petition. The paternity petition says who you are, who the child is and who you believe the father is.

Plan to spend the day there. Family Court is a busy place and you may have to wait for a long time. To cut down the time you spend in Family Court, bring the following information with you:

 Your name, address and social security number

 The name, address and social security number of the father

 The child’s name, address and social security number (if already born)

15  The sex of the child (if already born)

 The approximate dates of the beginning and end of your sexual relationship with the father

In Court, you will be the petitioner and the father will be the respondent. (If the father starts the paternity proceeding, he will be the petitioner and you will be the respondent.) Sometimes the father is referred to as the putative father.

Putative father means the Court assumes he is the father until it is decided whether or not he is the legal father.

HOW DOES THE FATHER FIND OUT THAT I AM STARTING A PATERNITY PROCEEDING?

The father must be given a summons and a copy of the paternity petition you filed in court. You get both papers when you file the paternity petition. The summons tells the father (and you) when and where he must come to Family Court. The paternity petition tells him what the case is about.

HOW DOES THE FATHER GET SERVED WITH THE SUMMONS AND PETITION?

The person who delivers (serves) the summons and petition must be someone who is at least 18 years old, is not part of the case, and can fill out an Affidavit of Service. This means that you cannot serve the papers; they must be served by someone else.

The Court will give you the Affidavit of Service form when you file the paternity petition.

The Affidavit of Service is proof in writing that the papers were served.

16 The father should get the papers at least 8 days before the next court date. If he asks the Judge for more time, generally the Judge will give it to him and you will have to come back at a later date.

There are several ways to serve:

 By personal service (handing the papers to the father).

 By handing the papers to another person who is old enough and responsible, AND by mailing a second copy of the summons and petition to the father’s last known home address. The papers can be served at the father’s place of work or home. If the father is served this way, the server must identify (by name or physical description) the person who was given the summons and petition. The server must write in the date, time and place that the person was given the papers.

 If, after 2 or 3 reasonable efforts, service cannot be made, you can ask the Court to order another kind of service aimed at getting actual notice to the father.

 By sending the papers by certified mail, return receipt requested, to the father’s last known address. People do not often use this method because if the father is not home to sign for the mail, or does not go to the post office to sign for the mail, this kind of service does not work.

IMPORTANT: Remember that you cannot deliver (serve) the papers to the father yourself.

WHAT HAPPENS THE NEXT TIME I GO TO COURT?

The next time you go to Court is on the date, time and place in the summons (the return date or hearing date). First, you should let the court officer (or bailiff) who is standing in front of the courtroom know that you are there. When both you and the father are there, the court officer will write it down on his/her list of cases for the day. Your case will then be ready to be called when the Support Magistrate is ready to see you. Plan to spend at least the morning, and maybe even the whole day, in court.

17 When the court officer calls your name and the father’s name, you and he will appear in the courtroom before a Support Magistrate.

A Support Magistrate is not a Judge, but the law gives Support Magistrates the power to decide paternity cases.

Support Magistrates used to be called Hearing Examiners.

The Support Magistrate must tell you and the father about your right to apply for free legal help if you or the father cannot afford a lawyer. Although it is helpful to have a lawyer, you may not need one. However, if the father has a lawyer, it is recommended that you have one as well. Also, you and the father each have the right to have blood or DNA tests done.

If the father says he needs time to get a lawyer, the Support Magistrate will tell you both to come back to court on another day to give the father time to get a lawyer.

IMPORTANT: It is extremely hard to change an Order of Filiation that was agreed to by the parties (“done on consent”) later on. So if there is any doubt or question about who the child’s biological father is, the respondent (father) should not consent.

WHAT IF THE FATHER DOES NOT SHOW UP WHEN HE IS SUPPOSED TO?

If you give the Support Magistrate the Affidavit of Service or a receipt signed by the father, and it shows the Support Magistrate that the father was served with the papers at least 8 days before the return date, the Support Magistrate can make an Order of Filiation by default against him. Sometimes the Support Magistrate will make you serve the father again before making a default order.

18 SHOULD THE RESPONDENT (FATHER) CONSENT TO AN ORDER OF FILIATION?

Once you and the father are in Court before the Support Magistrate, the respondent (father) has the choice of agreeing to an Order of Filiation.

Consenting (agreeing) to an Order of Filiation means that both of you agree that the father really is your child’s biological father, and that neither you nor the father is requesting blood or DNA tests to prove it.

WHAT IF THE FATHER DENIES THAT THE CHILD IS HIS?

The Support Magistrate will order blood or DNA tests on you, the putative father and the child. Then the Support Magistrate can send the case to a Judge.

If the putative father denies that he is the father, and tests are ordered, you will not have the chance to give evidence or to get an Order of Filiation that day. The case will be rescheduled (sometimes called “adjourned” or “put over”) for a later date. If tests are ordered, the next hearing date will be set for a date after the tests are completed.

If the father is dead, DNA testing may be done on the father’s parents.

HOW DO I GET BLOOD OR DNA TESTS?

The Court will mail you a notice telling you when and where to go for your test. The father will also receive a notice. When you go to the lab for the test, bring:

 The child  A picture ID

 Your Social Security number  Your date of birth

 Your child’s date of birth

19 You will be asked to sign a paper about whether you or your child has ever gotten a blood transfusion or bone marrow transplant. If the answer is “yes,” they will ask when it happened.

The lab will take your picture and fingerprints and also the child’s.

For a blood test, the lab will take a sample of your and the child’s blood.

For a DNA test, the test is taken by wiping the inside of your and your child’s mouth with a small bit of cotton on a stick. There are no needles.

WHO PAYS FOR THE TEST?

If the Court decides that you or the father cannot pay for the test, the Court will have the costs paid from public funds. If you can pay, you will have to pay for the test UNLESS the test shows the putative father is really the father. If he is the father, he will have to pay for the test.

The Court might order that you and the father share the cost.

WHAT IF THE FATHER DOES NOT SHOW UP FOR THE TEST?

At the next court date, the Support Magistrate can issue an order of temporary child support against him.

WHEN DO I GET A CHANCE TO PROVE PATERNITY?

At the next hearing date after the tests are completed.

HOW DO I PROVE PATERNITY?

To make an Order of Filiation, the Support Magistrate must be entirely satisfied by “clear and convincing evidence” that the respondent (father) is the biological parent. At the court hearing, you must convince the Support

20 Magistrate that the father is the child's biological parent. The Support Magistrate looks at the evidence, which can include testimony, papers and DNA test results.

If the respondent (father) takes DNA or blood tests, the results are considered evidence. If the results show that there is a 95% chance or higher that he is the father, New York law says he is the father. You do not have to give or show the Support Magistrate any other evidence.

Then the respondent (father) has the burden of proving he is NOT the father. It is very hard for the father to convince the Support Magistrate that he is not really the father because blood and DNA tests are very accurate. If the father cannot give any evidence, or cannot give enough to convince the Support Magistrate that he is not the father, the Support Magistrate will issue an Order of Filiation naming the father as the legal father.

WHAT IF THE TESTS SHOW THAT THERE IS LESS THAN A 95% CHANCE THE RESPONDENT IS THE FATHER?

You must show the Support Magistrate other evidence that the father is the real father.

WHAT KIND OF EVIDENCE IS GOOD?

Many different types of evidence may help prove paternity. Here are some examples:

 The father knows the child uses his last name and has not objected, even though the father has not signed the Acknowledgment of Paternity, and his name is not on the birth certificate.

 The father has treated the child as his own.

 The father has helped pay for the child’s expenses.

 The father has claimed the child as his own in some other court proceeding or paper.

 The father has told other people the child is his own.

21  The father has sent the child presents or cards showing that he treats the child as his own.

CAN I MAKE THE FATHER TESTIFY IN THE PATERNITY PROCEEDING?

No. But you can bring in other witnesses to tell the Court what the father told them about the child.

WHAT IF THE FATHER SAYS I HAD SEX WITH SOMEONE ELSE AROUND THE TIME I GOT PREGNANT?

He cannot just say that. He must show some other evidence to prove what he says.

WHAT IF I WAS MARRIED TO SOMEONE ELSE WHEN THE CHILD WAS BORN?

You and your husband can tell the Support Magistrate that the two of you did not have sex during the time your child was conceived.

Also, you can present proof that your husband was somewhere away from you during this time, for example, in the armed forces or in prison.

WHAT IF THE FATHER TAKES THE TESTS BUT DOESN’T SHOW UP IN COURT AFTER TAKING THE TESTS?

If the test results do not rule him out as a father, the Support Magistrate can make an Order of Filiation along with an order of child support against him.

WHAT HAPPENS WHEN THE JUDGE DECIDES THE CASE?

If the Support Magistrate decides that the father is not the biological parent, your case will be dismissed.

22 If the Support Magistrate decides that the father is the biological parent, the Support Magistrate will make an Order of Filiation. The Order of Filiation must contain the child’s social security number, if available.

GETTING CHILD SUPPORT AFTER A PATERNITY CASE

If the Support Magistrate issues an Order of Filiation, he or she will then automatically begin a child support case. You do not need to file a separate child support petition if the Court issues an Order of Filiation at the conclusion of a paternity case. The Order of Filiation is the legal foundation for the Court to order the father to pay child support.

For information on child support in New York State, please see The Basics Series booklet entitled “Getting Child Support in New York State.”

24 http://law.jrank.org/pages/24464/Santosky-v-Kramer-Significance.html

25 http://law.jrank.org/pages/24464/Santosky-v-Kramer-Significance.html

CUSTODY AND VISITATION

26 ALBANY COUNTY BAR ASSOCIATION *Custody Proceedings in Family Court*

 Pre-litigation tip: Vet your client’s story at the beginning of the representation, if possible. Think through what should (and should not) be included in the petition. Make sure to review the order (and any other related order) currently in effect. This will help prevent unhappy surprises down the road once litigation begins. Make sure to think through the potential ramifications of alleging facts or incidents that may result in child protective services involvement (i.e. domestic violence, alcohol or substance abuse, or “latch key” children). *Example: Client contacts you seeking a modification of the custody order because child is not taking his/her medication while in other parent’s care. You should flesh out the facts of that petition and even, perhaps, advise your client to provide you with pediatrician (or other records) to that effect. This can be very helpful because your client may be telling you that the other parent is not medicating the child properly, when the pediatrician records show that the child was taken off the medication by the physician.

*Example: Client contacts you seeking modification of the Order. She says she wants more time with her child. That seems reasonable to you, so you begin drafting the petition and file it. You receive a phone call from your adversary who advises you that the Custody Order in place – from two weeks ago – directs your client to attend and complete a 10 week substance abuse program before petitioning the Court to increase her parenting time.

*Example: Your client contacts you seeking a 50/50 shared parenting schedule. After speaking with your client at length, you discover the reason for this request is that the other parent filed a petition to increase child support.

I. Custody Terms and Definitions 1. Legal Custody: The right and responsibility to make major decisions about the Child. a. Joint Legal Custody means that both parents need to decide and agree upon major decisions affecting the child (i.e. education, medical, religious, etc.) b. Sole Legal Custody means that one parent is vested with the right to decide major decisions affecting the child. Note: Sole legal custody does not divest the other parent of the right to access records (medical, educational and religious) regarding the child. c. Modified Joint Legal Custody means that both parents need to decide and agree upon major decisions affecting the child, but if the parents cannot agree, one parent is vested with the decision-making authority to decide the issue.

27 2. Physical Custody: The actual physical care and supervision of the Child (i.e. who the child lives with on a day-to-day basis). a. Joint (or Shared) Physical Custody means that the children’s time with each parent is divided equally (i.e. week on/week off parenting or 3/4 and 4/3 division of time). Note: There is no statutory offset of child support for 50/50 custodial arrangements – the higher earning parent pays child support. b. Primary Physical Custody means that the child spends the majority of time with one parent. Note: Majority can literally mean 51% - so don’t assume that primary custody necessarily means one party has little or no time with the Child.

II. Choosing the Petition 1. Petition for Custody/Visitation: a. Use this Petition when there is no prior custody/visitation order in place. b. Best Interests of the Child: i. Factors can include: maintaining stability for the child, the child’s wishes, the home environment with each parent, each parent’s past performance, relative fitness, ability to guide and provide for the child’s overall wellbeing, and the willingness of each parent to foster a relationship with the other. ii. If there are siblings, the Court will consider the preservation of the sibling relationship. iii. The Court also MUST consider domestic violence. c. Relocation: In a matter where there is NO prior custody order in place, relocation and the effect awarding custody to the relocating parent would have on the relationship with the other parent is just one of the best interest factors the Court can consider. In other words, the strict application of Tropea v. Tropea is not required. 2. Petition to Modify an Order of Custody/Visitation a. Use this petition to change a prior order of custody/visitation. b. Two step process: i. Subsequent and Substantial Change in Circumstances: Moving party must show that a change has occurred necessitating the modification of the order. *Practice Tip: Review the order and modification petition carefully – if this standard has not been met, you can move to dismiss the petition. ii. Only after it has been determined that this “subsequent and substantial” change has occurred will the Court then look to determine whether the requested change is in the best interests of the child. c. Relocation: If a prior order is in place and a parent wishes to relocate, a strict application of Tropea v. Tropea applies and the moving party must show that the child’s best interests would be served by the relocation (i.e. how the child or child’s life will benefit from the move).

28 3. Petition for Violation of an Order of Custody/Visitation a. This is a “complaint” petition where one party is alleging that the other did not follow the directives of the Order. Make sure to review the Order against the allegations alleged. You may be able to move to dismiss this petition if the allegations are not actual violations of the Order. b. This is a contempt proceeding. The contempt notice language must be included on the underlying Order and on the petition. c. Standard of Proof: The movant must show that there was a (1) lawful order in effect, (2) the order expresses a clear mandate of which (3) the adverse party had actual knowledge of its terms and that (4) the other adverse party committed a violation that defeated, impaired, impeded or prejudiced the rights of the moving party. Because the party alleged to have violated the order faces incarceration, the moving party must prove by “clear and convincing evidence” all of the requirements listed above. i. Because the party alleged to have violated the order faces incarceration, the moving party must prove by “clear and convincing evidence” that the violation occurred. *Practice Tip: Make sure that you are clear on what your client wants to accomplish prior to preparing a petition.

Materials Prepared by: Lorraine R. Silverman, Esq. Mack& Associates, PLLC 270 Mount Hope Drive Albany, NY 12202 (518) 465-1451 [email protected]

SUPPORT

Child and/or Spousal Support

Frequently Asked Questions [FAQs]

Until What Age Is a Pare nt Obligated to Support a Child?

Who May File a Petition for Child Support?

Do the Partie s Need to Be Represente d by Law yers?

What Docum ents m ust Be Brought to Court?

What Happens at the He aring?

What If the Parties Disagree with the Support Magistrate's Order?

What Happens If the Respondent Does Not Pay the Orde r?

Can the Order Be Changed?

What If a Custodial Parent Is Seeking Support from a Pare nt Who Liv es Outside of New York State, or in a County in New York State That Is Far from the Child's Hom e County?

Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

Until What Age Is a Parent Obligated to Support a Child?

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.

Who May File a Petition for Child Support?

When parents live separately and one parent has custody of the child, that parent, called the "custodial parent", may file a petition in Family Court asking the court to enter an order for the "non-custodial parent" to pay child support. A child who is not emancipated and is living away from both parents may file a petition against his or her parents asking for an order of support to be paid to the child. When a child is receiving public assistance benefits, or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition against the non-custodial parent or parents asking that the court enter 31 an order for child support to be paid to the government agency while it continues to pay benefits for the child. The party filing the petition is called the "petitioner" and the party from whom support is sought is the "respondent". The petition must be served upon (delivered to) the respondent, together with a summons indicating the date of the court hearing. There are no filing fees in Family Court.

Do the Parties Need to Be Represented by Lawyers?

The parties may hire lawyers to represent them or may speak for themselves without a lawyer. Where a party cannot afford to hire one, the court will assign a lawyer at no cost, only when it is alleged that there has been a violation of the order and a party is in danger of going to jail.

CourtHelp - Lawyers & Legal Help

What Documents must Be Brought to Court?

The parties must provide copies of their most recently filed tax returns, some recent pay stubs, and a completed financial disclosure statement showing their earnings and expenses. The parties should also bring to court proof of their expenses, such as rent, food, clothing, medical costs, child care, education and the cost of supporting other children.

What Happens at the Hearing?

A "Support Magistrate" conducts the hearing, taking testimony from both sides concerning their income and expenses and the cost of supporting the child. The parties can present evidence and witnesses and cross-examine each other and the witnesses. The Support Magistrate calculates how much support the non-custodial parent must pay to the parent with custody, and sets a schedule for regular payments. Payments may be paid directly to the petitioner or through the Support Collections Unit ("SCU"). SCU, which is not part of the court, will then send the money to the petitioner. There is an informative twenty minute video which, in a step by step manner, will take you through the process of a paternity or child support proceeding in the New York State Family Court. You will learn what documents are necessary and what to expect in the court room.

"W hat You Need to Know About Child Support Hearings and Services" (Video)

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days of the date the order is sent to them. The objection must be filed with the court clerk's office, with a copy sent to the other party. The other party may send a reply to the court. After reviewing the case file, a judge then rules on the objection. The judge may leave the order as it is, change it, or send the case back to the Support Magistrate for further proceedings. If either party disagrees with the judge's decision, the case may be appealed to a higher court.

What Happens If the Respondent Does Not Pay the Order?

The petitioner may file a "violation petition" asking the court to take action against a respondent who fails to pay a support order. The petition must be served upon (delivered to) the respondent. A hearing is then held to decide whether the respondent has violated the court's order. The Support Magistrate may enforce the order by directing SCU to take the payments directly from the respondent's paycheck, order the respondent to pay a lump sum toward back monies owed, or take other steps to collect the money owed.

A respondent who falls behind in payments also risks having his or her driver's license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the respondent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed for up to six months, for contempt of court. You can use the free and easy DIY Form program to make your petition to ask the Family Court to take action against a respondent who fails to pay a support order.

*DIY (Do-It-Yourself)

Can the Order Be Changed?

If there is a change in circumstances, either party has the right to file a petition to modify the order. The party seeking a change in the order must file a modification petition containing a statement explaining the change. The petition and a summons must be served upon (delivered to) the other party. The court then holds a hearing to consider changing the order. Orders paid through the Support Collections Unit will be reviewed automatically every three years for possible "adjustment" (change), upon request of either party, and in all cases where the person with custody of the child receives public assistance for the child. The parties are notified of their right to request that SCU review the order, and, following the review, are each notified of the possible change in the order. If they disagree with the proposed new order, they may request a hearing before a Support Magistrate, and a new Support order will be established. You can use the free and easy DIY Form program to make your petition to ask the Family Court to change your support order.

*DIY (Do-It-Yourself)

What If a Custodial Parent Is Seeking Support from a Parent Who Lives 33 Outside of New York State, or in a County in New York State That Is Far from the Child's Home County?

If the custodial parent lives in one state and seeks support from the other parent who lives outside of that state, an inter-state case may be filed in the Family Court, under the Uniform Interstate Family Support Act (UIFSA). A UIFSA case may also be filed in Family Court when the parents reside in two different counties within New York State which are not located next to one another. A New York City petitioner may file the case in the Family Court in his or her home county, and the petition will be sent to the court in the respondent's state or county. The respondent is then served with the petition and appears in court in his or her home state or county. The petitioner is not required to appear in the other court where the respondent lives. A local city or county attorney will appear there to represent the petitioner at the support hearing. If the child resides outside of New York State, or in a county far from New York City, and the respondent lives in New York City, the custodial parent may file a petition in his or her home state or home county. The respondent will be served and be required to appear in the Family Court in his home county, while a lawyer from the New York City Law Department represents the out-of-state or out-of-county petitioner.

The hearing is held in the same manner as a support case filed within New York City, but documents and evidence are exchanged through the mail or by fax.

Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. While a divorced person may not seek a new order of support from an ex-spouse in Family Court (that would be done in the state Supreme Court), a petition may be filed seeking to modify an already existing order for an ex-spouse. The petition and summons must be served upon (delivered to) the respondent. A hearing is then held before a Support Magistrate, where the parties must present evidence of their income and expenses, and may present witnesses to testify. The Support Magistrate decides whether to order the respondent to pay spousal support for the petitioner and, if so, how much and for how long a period of time.

Authored By: Community Legal Education With an Edge (CLEWE)

Information How to Get Child Support In New York State Introduction This information explains how you can get child support for your children and what to do if you have problems getting the other parent to pay child support. This is general information and is not a substitute for seeking advice and help from an attorney concerning your specific facts. Parent's Duty to Support Children In New York State, parents have a duty to support their children until each child turns twenty-one (21), unless the child is married, in the military service or is self-supporting. When both parents are living together with their children, both are expected to provide for food, clothing and shelter for their children, and to see to the medical care and educational needs of their children. When couples split up, the duty to support the couple's children continues, even when one parent moves out of the home where the children are living. Often when couples with children split, they have to decide who will have custody and what visitation the other parent will have with the children. At the same time, plans also need to be made about how each parent will continue to meet the needs of their children. Some couples can do this without having to use the courts to work this out. Many couples, however, must go to court to obtain documents called orders which spell out what will happen concerning custody, visitation and child support. In New York State, there is a special court in each county called the Family Court where you can go to get help. There usually is no question about who the mother of a child is. Sometimes a father of a child may try to avoid his responsibility to support the child by denying that he is the father. When this happens, the mother will have to use the Family Court to get an order naming the father as the person responsible for this child. This is called a paternity proceeding and the document which the court will make is called an order of filiation. Many times, the Family Court will also make child support arrangements as part of the paternity proceeding. The court can make the father responsible for some or all of the medical costs from when the child was born. Where to File Your Paperwork All court proceedings, including child support proceedings, require paperwork to be filed in order to start the court case. This paperwork is called pleadings or petitions. It has information about who is involved in the court case, what laws are involved in the case and some facts which the court will need to know to make a decision. In a child support proceeding, the petition will name who the parents are and where they live and the names, ages and addresses of the children for whom support is being requested. The petition will also claim that one or both of the parents is not meeting their responsibility to support the child or children and it will ask that an order of support be made. You as the person filing the petition are called the petitioner and the other parent, who will have to respond to your petition, is called the respondent. The petition for child support is available on a form which you can obtain at the Family Court Clerk's Office or at the Support Collection Unit (SCU) at your local Department of Social Services. In some counties, the Probation Department also has forms and someone who may be able to help you fill out the paperwork. The petition form is pretty easy to fill out. Some counties also require you to complete another form which provides additional information about you and the other parent of your children, such as dates of birth, telephone numbers at home and at work, employer information and the names of attorneys, if any, helping you or the other parent with the support case. At the time you file your petition with the Family Court Clerk's office or through the Support Collection Unit, you will also be asked to complete a document called a financial disclosure affidavit or statement of net worth. These ask for specific information about the income and expenses that you have each month, as well as what property you own and what debts you owe. The form may also ask you if you have health insurance coverage available to you or to your dependents, including your spouse and children. You need to take your time filling out this form carefully because the information which you provide will be used in court to figure out the child support arrangements. You will also be asked to provide a copy of your last year's federal and state income tax returns if you filed and a copy of your W-2 forms. If you are currently working, you will be asked to give a copy of a recent paystub. The other parent 35 http://www.lawhelpny.org/resource/how-to-get-child-support-in-new-york-state?ref=mj6hl will also be required to fill out the same forms and provide the same financial information and documents that you have been asked to give. Both you and the other parent are supposed to file these documents before going to court for a hearing. However, you may find that the other parent doesn't fill this form out until the first time the case is scheduled for a court hearing. If you have information about the other parent's financial situation, such as copy of a paystub or last year's tax return, bring that information with you when you go to court. When the Clerk's Office at Family Court receives a petition for child support, a notice of hearing, also called a summons, is prepared and sent to both parents. This tells you when you need to come to Family Court for a hearing. How soon you will have a hearing in Family Court depends upon how busy the court calendar is. If you are at risk of losing your housing before the hearing can be scheduled, you may need to ask for a temporary order of support. You would need to fill out another form called an order to show cause and would need to tell why you need the child support right away. Be prepared to have to explain to the judge who reviews your request for temporary support your reason for asking for it before the first hearing is scheduled. What Happens in Family Court In most counties, on the day of your first hearing, also called an initial appearance, you will be brought in front of a person called a hearing examiner. The hearing examiner will ask both you and the other parent whether you have been given a copy of the petition, whether you are represented by an attorney and whether or not you would like an adjournment, that is to say, more time, to get an attorney. In other counties, you may be brought in front of a Family Court judge who will ask the same questions. Depending on what you and the other parent say, your case may be rescheduled or the other parent may agree to have an order of support made without any further hearings. There are guidelines called the Child Support Standards Act to help the hearing examiner or judge decide how much child support should be paid. There is also a chance that the other parent might feel that the amount which the hearing examiner or judge has decided would be a fair order of support is more than what the parent feels that he or she can pay. If there is any disagreement concerning the amount of the child support, you will be given a new hearing date at which time both you and the other parent will be able to present financial and other information to help the court make a decision. You should ask for a temporary order of support at the first hearing if you have not been given one already. If the other parent doesn't have their financial information, you may have to answer questions for the hearing examiner or judge on how much money you need to take care of your child or children. Again, be prepared that the other parent might deny that he is the father of the child or children. If this happens, the case will not be decided by the hearing examiner, but by a Family Court judge. If there is any question about paternity, the hearing examiner or judge may order the parents and child to have what is called a genetic marker test or DNA test done. Most counties use what is called a buccal swab, like a giant Q-tip® to take a sample of DNA from inside the person's mouth. With the testing that is now available, it is pretty easy to determine if an individual is the parent of the child. If the father wants to challenge the results of the testing done, he must file timely written objections. If the testing shows at least a 95% probability he is the father, the father has to show that the test results should not be relied upon by the court. The Child Support Standards Act Earlier we mentioned that there are guidelines in place to help the Family Court hearing examiner or judge figure out what would be a fair and reasonable child support. These guidelines are called the Child Support Standards Act they require the court to look at both parents' total income, allow for certain deductions from that income and then based on the number of children for whom the child support is being calculated, a child support figure is reached. In New York State the percentages are: 1 child 17% 2 children 25% 3 children 29% 4 children 31% 5 or more children 35% For many couples, the income which they have is easy to discover by looking at a current paystub, W-2 form or tax return. And for most couples, the only allowable deduction from that income would be for what are called FICA taxes (Social Security and Medicare taxes). Although there is a limit on how much Social Security taxes can be taken from someone's pay, a general rule of thumb is that the Social Security and Medicare taxes will total 7.65% of the person's gross wages. For purposes of this child support calculation, unreimbursed business expenses and child support or spousal support (maintenance, alimony) actually paid because of another court order will also be deducted from a person's income. In addition, the court will also look at whether there are child care expenses and/or uncovered medical expenses for the child or children. The court may also consider education expenses such as tuition at a private school. The guidelines require that these expenses be split between the parents based on the proportion of each parent's income to the combined total of both of their incomes. So for example, assume after FICA taxes have been taken out, that the mother has $10,000 in income and the father has $30,000. Together they have $40,000 in combined parental income. The mother's share is 25% ($10,000 ÷ $40,000 or 1/4) and the father's share is 75% ($30,000 ÷ $40,000 or 3/4). If they had two children together, their 36 http://www.lawhelpny.org/resource/how-to-get-child-support-in-new-york-state?ref=mj6hl support obligation together would be 25% of $40,000 or $10,000. The mother's share of this support obligation would be $2,500 and the father's share would be $7,500. If the children live with the mother, the father will have to pay her $144 each week ($7,500 ÷ 52 weeks) for support for the two children. In addition, if mother had to pay her child care provider $100.00 per week, the father would have to give her $75.00 each week toward that expense. If she had a doctor bill for one of the kids for $100.00, again, the father would have to give her 75% of the bill. [The guidelines also require parents to get health insurance coverage for their children if this insurance is available at their job and the cost to the parent for the insurance is not too much. If both parents have insurance available, the parent who has the children may want to be the one who gets the health insurance coverage to avoid any problems with insurance cards or reimbursement checks going to the wrong person. The cost for the insurance premium can also be split between the parents based again on the proportion of each parent's income to the combined total of both of their incomes.] On October 2, 2002, legislation was passed which requires parents to obtain health insurance coverage if reasonable in cost and "reasonably accessible" on behalf of the children. The court will have to make a decision on whether the health insurance is affordable and accessible under the circumstances. For example, a health insurance plan that is only available in New York City won't be considered "accessible" by children living in upstate New York. If health insurance is not available to the parents, the custodial parent will be directed by the court to apply for New York State's Child Health Insurance Plus (CHIP) and Medicaid for the children. If only one parent has health insurance that is reasonable in cost and accessible by the children, that parent will be required to enroll the children in the health insurance coverage. If both parents have health insurance available, the court will decide which insurance plan should cover the children based on the cost, how good the policy is and what the children's needs are. The cost for the insurance premium or the family contribution for CHIP will be split between the parents based again on the proportion of each parent's income to the combined total of both of their incomes. The guidelines also allow the court to set a higher or lower amount than the figure reached under the standard calculation. The petitioner who is asking for more support or the respondent who is asking to pay less will have to have a good reason for asking the court to set a different amount. One reason a court might order more support would be because the child has special needs and more support money is needed to meet those needs. Another reason would be because the child would have had a higher standard of living if the parents had stayed together. The respondent could ask for a lower amount if his or her income was much less than the petitioner's income. If the court decides to award an amount that differs from the usual amount, a written decision must be made saying why an increase or decrease in the amount of support is being ordered. Some parents are self-employed and it is not always easy to figure out what income the person actually has each month. Sometimes the only way to show how much income this person has is to look at how much money is being spent each month by this person. You might have to look at what kind of hobbies he or she has and what kinds of personal property they have been able to buy. A new car, boat, snowmobile, stereo system, big-screen TV may be a good sign that the person has enough monthly income to be able to pay a decent amount of child support. The court can also impute income to a respondent, that is to say, pick a figure for that person's income which is a reasonable guess on what the person is able to earn. The court can also impute income to a person who is unemployed and is not trying to find work. The court could find for example that the person was able to earn $20,000 because this was the amount that the person had earned at a past job. There are also special rules for low income individuals, such as someone who has a minimum wage job or is receiving a public benefit like Supplemental Security Income (SSI) or public assistance. If the amount of support using the percentages (17% for one child, 25% for two etc.) would make the person's income fall below what is called the poverty guideline (a figure set by the federal government each year) the court will issue a minimum order of $25.00 per month. If the amount would not drop them below the poverty guideline, but would put the person's income below 135% of that guideline (also called the self-support reserve), the court might order $50.00 per month. The child support laws also require the court to put in place an income deduction order, also called an income execution, so that the money comes directly out of the parent's paycheck before he or she has a chance to spend it elsewhere. The court order can require the other parent to pay you directly or the payments can be ordered to be made to the Support Collection Unit who will make sure that it is properly recorded as paid and will then send the support money on to you. If the child support is made payable directly to you, you will need to keep accurate records concerning payment. Since the delay is minor, it is often a good idea to have the money sent to the SCU to keep track of payments, particularly if there is any problem with the other parent paying the support regularly. What if You or the Other Parent Thinks the Hearing Examiner Ordered the Wrong Amount of Child Support Mistakes do happen and sometimes the hearing examiner doesn't use the right figures for income to calculate the amount of child support. This can happen particularly if there is any problem with proving how much each parent earns each year. Many self-employed individuals do not report all of the income that comes in. The hearing examiner may have used the figure provided by the other parent rather than a figure which really is what he or she is earning. You might have asked for more child support than what the standard calculation would provide and have had that request for an increase denied. The other party may have asked for a decrease from the basic child support amount and had it granted when you think it shouldn't have been. The other party may have had his or her request to decrease the support denied and wants to complain. Either party may file written objections to the order if there is any disagreement that this is a fair and reasonable order. Written objections must be filed with the Family Court 37 http://www.lawhelpny.org/resource/how-to-get-child-support-in-new-york-state?ref=mj6hl within thirty days if you were given a copy of the order in court and within thirty-five days if the order was mailed to you. You must state in your objections what part of the order you disagree with and why. You will also have to mail a copy of your objections to the other parent and file proof that this was done within the same time frames. The other parent will have fifteen days to file what is called a rebuttal to say why he or she believes the order is correct. You can also ask the Family Court clerk to provide you with a transcript of the hearing in order to help you prepare your written objections. Written objections are reviewed by the Family Court judge who can either send the case back for a new hearing, can make a new order or can deny the objections. The decision to deny the written objections can be appealed to a higher court called the Appellate Division of the Supreme Court. An appeal of this nature is very complicated and you will probably need an attorney to help you out. What if the Other Parent Doesn't Pay Because the laws require that child support be automatically deducted from a person's wages, so long as he or she is working with a steady paycheck, the support money should come in without any problems. If, however, the person is self-employed or is constantly losing jobs and is frequently unemployed, it isn't always easy to make sure that the support check comes in regularly. If there has been a failure to pay court ordered support, you can file a violation petition in Family Court. If the child support was being paid through the SCU, the computer program which tracks payments will alert the staff that it was not paid and the SCU will prepare a violation petition on your behalf. If the court finds that the person wilfully failed to pay support, he or she can be sent to jail for as much as six months. The fact that a person has failed to pay child support puts the burden on that person to show a financial inability to pay. He or she must show that they lost their job through no fault of their own and despite looking everywhere for work, he or she has not been able to find a job. Since someone who is in jail won't have the ability to earn money while incarcerated, often the court will agree not to send the person to jail if he or she makes good on the missed payments and keeps current on the child support order. If the person fails to make good and keep up with payments, the court can send that person to jail without the need for another hearing. Because there is a risk of being sent to jail, the person is entitled to have an attorney appointed to represent him or her if he or she cannot afford to hire an attorney. The court must also reduce the arrears to judgment. This means that the amount which is owed (arrears) will be figured out. Another court document, called a judgment, will be prepared and filed in both the Family Court Clerk's office and in the County Clerk's office. The judgment carries with it interest and allows you to use other methods to obtain payment, such as taking any income tax refunds which might be coming in to the person, or freezing a bank account which has money in it to pay the child support. The laws also provide that a driver's license, professional license, even a hunting license can be suspended if the person owes a significant amount of child support. What if Your Circumstances Change It is unlikely that your financial circumstances or that of the other parent will stay the same year after year and, hopefully, both of you will have salary increases or some improvements in your finances. You or the other parent might also be faced with a layoff or some downward change in income which makes the child support numbers no longer fair and reasonable. The standards for seeking to change an order are different if the order was made after a hearing or if the order reflects an agreement which you and the other parent made concerning child support. However, a substantial change in your circumstances should allow you to return to court for a recalculation of the child support obligations. You or the other parent will need to file a petition for modification to seek an increase or decrease in the child support. Another hearing will be held and new order will be made if you or the other parent can prove that the changes in financial circumstances support a change in the order. New York laws also provide for an automatic adjustment for child support orders paid through the SCU. Under this law, every two years, the SCU will review the order to see if there should be changes made to the amount of the order. The change or adjustment will happen if there has been a ten percent increase in the cost of living which is based right now on the consumer price index for all urban consumers (CPI-U). Since growth in the national economy has slowed down, the change in the cost of living in the past couple of years has not reached the ten percent mark, so many orders are not being changed at the present time. The older your child support order, the more likely that there has been an increase which would trigger the automatic adjustment. If the order is adjusted, both you and the other parent will be notified and you both have a right to object in writing to the new order within thirty-five days of receiving a copy. If written objections are filed by either parent, a hearing in Family Court will be scheduled. The other parent is likely to object to the adjusted order if there hasn't been a ten percent increase in his or her income. If you know that there has been a large increase in the other parent's income, you may not want to wait for the automatic adjustment and should consider filing a petition to modify the child support order based upon the significant improvement in the other parent's financial circumstances. What if the Other Parent Lives In or Moves To Another State There are special rules which will be used if the other parent lives in another state at the time you try to get child support for the first time. A different set of forms are also used. You should ask the SCU to help you with this kind of proceeding called an interstate proceeding. If both parents live in New York at the time the order is set, the order is still good even if the other parent moves across state lines. You might have to file or register a certified copy of the New York order in the other state to get help collecting the child support. 38 http://www.lawhelpny.org/resource/how-to-get-child-support-in-new-york-state?ref=mj6hl If you can't find the other parent, contact the local SCU. They have a parent locator service to help you find the other parent's address. The SCU can also help you find information about any wages the other parent may be earning. Conclusion Although the laws concerning child support are complicated, the Family Court and local SCUs are very "user friendly" and the staff are there to help you obtain child support. As with any legal matters, you should consult with an attorney if you have any questions or concerns along the way.

39 http://www.lawhelpny.org/resource/how-to-get-child-support-in-new-york-state?ref=mj6hl

Authored by Linda Hassberg and Susan C. Antos on July 1, 2014 Issue Area: Child Support

Legal services providers and community agencies throughout New York State are seeing an alarming increase in the number of very low income parents burdened with onerous child support obligations and arrears debt that adversely affect their ability to avoid homelessness, remain employed, cope with illness and disability, and maintain a relationship with their children. For the most part, legal services offices do not offer legal representation for child support matters. Parents are left to navigate the family court and child support enforcement system without any assistance, often without success.

With this posting, we urge legal services and other community agencies to consider offering some guidance to pro se poor parents who may be entitled to a modification of their support obligation or can reduce their monthly arrears payments based on their limited income. Using the steps outlined below, parents can determine the amounts owed, whether there is a basis for modification, and which forum will entertain an appeal. We do not assert that offering guidance will make up for the lack of legal representation and assistance available, but many parents may be able to obtain some adjustment to the amounts they must pay on their own if they understand what information they need to provide to either the county’s Child Support Enforcement Bureau (CSEB) or the court. Although not a comprehensive list, here are some straightforward ways to assist parents to proceed pro se:

1. The first step is to understand what is being garnished from their paycheck or disability payment. Does the amount represent current child support, arrears, an “add-on” to arrears (see below for explanation), or some combination of these? If the payment is made to the NYS Division of Child Support Enforcement and parents know their account number, they can obtain a PIN number by applying online at the Non-Custodial Parent page on the OTDA website at https://www.childsupport.ny.gov/dcse/non_custodial_parent_services.html, or by calling the Child Support Helpline at 1-888-208-4485. With a PIN number, parents can view their accounts and figure out whether they are paying ongoing support, arrears, and/or add-ons and how much they owe. They can also obtain copies of their child support orders that the Division has on file. A copy of the order is needed to petition in family court for a modification of support.

2. Reduce the monthly payment amount. In some cases, the Child Support Enforcement Bureau (CSEB) will reduce the amount of monthly payment, even though it cannot reduce the total amount of arrears. If part of the garnished amount is the “add on,” an administratively imposed garnishment that is applied when a child support respondent is in arrears, application can be made to reduce or eliminate this portion of the amount of the arrears payment. The “add-on” portion of the payment will be reduced or eliminated if the payment of the add-on brings the individual’s income below the self-support reserve (135% of poverty for a household of one – this year the SSR is $15,755). The self-support reserve is adjusted annually and is 40 http://www.empirejustice.org/blog/2014/assisting-non-custodial.html?print=t posted on-line at https://www.childsupport.ny.gov/dcse/child_support_standards.html. There is an application on the NYS DCSE webpage for Non-Custodial Parents, entitled Request for Review of Additional Amount that must be submitted along with a Statement of Income and Expenses and other income documentation such as a tax return or a Social Security statement. These forms are also available at https://www.childsupport.ny.gov /dcse/non_custodial_parent_services.html. When completed, the forms are submitted to the local child support enforcement office. The addresses of the local offices are available at https://www.childsupport.ny.gov/DCSE/LocalOffices_input.action. To read more about the add-on see 18 NYCRR 347.9(e) and 09 ADM-02, available at http://otda.ny.gov/policy /directives/2009/ADM/09-ADM-02.pdf

3. Apply to stop collection of arrears from exempt income and to correct mistakes. If the parent’s sole income is SSI, public assistance, or another exempt source, there is an application on the same Non-Custodial Parent Page of the NYCSE website to stop garnishment from a bank account. This application, Mistake of Fact and/or Exempt Money Claim Form, should also be submitted if the support amount being collected does not agree with the order amount or if the order has been vacated. If parents are receiving exempt income in a check that is being garnished, they should submit the Request for Review of Additional Amount and Statement of Income and Expenses described above and state that the income being garnished is exempt.

4. Reduce amount of ongoing child support. The parent must petition in Family Court for this relief and it can be difficult without legal assistance. However, the state now offers DIY (do-it-yourself) programs with which pro se petitioners can work their way through a series of questions that result in a petition and affidavit to file in court. The link is http://www.nycourts.gov/courthelp/diy/familycourt.html and the program is quite good. Currently, it is available in English and Spanish. The Spanish version produces a petition in English for submission with a translated copy in Spanish for the litigant.

If the support order includes an amount of arrears that must be paid periodically in addition to ongoing support, a request to reduce that amount should be included in the same petition. Please note that there is no reference to arrears payments in the standardized or DIY petition forms, so the request will have to be added by the petitioner.

5. Cap the amount of arrears owed at $500. Family Court Support Magistrates cannot reduce the total amount of arrears owed, except in very narrow circumstances. However, pursuant to the Family Court Act § 413 (1) (g), a noncustodial parent can petition the Family Court to limit the amount of arrears owed to $500 if his/her income was below the federal poverty line for a single individual at the time the arrears accrued. Case law dictates that the parent must make application to the court for such relief and must show that the income limitation was due to disability or some other inability to earn income. Proof that the individual is receiving public assistance should be sufficient as well. If appropriate, this claim for relief needs to be added manually to the DIY or standardized Petition for Modification, as neither form includes it.

A cap on arrears may provide the best relief to indigent parents, but there are few published decisions to date in which the petitioner was successful. If you are interested in offering legal representation to a client who can assert such a claim for relief, please free feel to contact us for assistance.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Albany Rochester White Plains Long Island

www.empirejustice.org 41 nonprofit software http://www.empirejustice.org/blog/2014/assisting-non-custodial.html?print=t

$16,281

https://www.childsupport.ny.gov/dcse/non_custodial_parent_services.html

FAMILY OFFENSE PETITIONS

-and-

DOMESTIC VIOLENCE SCREENING MATERIALS

51 Family Offenses Definitions Pursuant to Penal Law

F.C.A. § 812. Procedures for Family Offense Proceedings.

family offenses are acts which would constitute: Disorderly Conduct; Harassment in the First Degree; Harassment in the Second Degree; Aggravated Harassment in the Second Degree; Sexual Misconduct; Forcible Touching; Sexual Abuse in the Third Degree; Sexual Abuse in the Second Degree as set forth in Subdivision one of section 130.60 of the penal law; Stalking in the First Degree; Stalking in the Second Degree; Stalking in the Third Degree; Stalking in the Fourth Degree; Criminal Mischief; Menacing in the Second Degree; Menacing in the Third Degree; Reckless Endangerment; Criminal Obstruction of Breathing or Blood Circulation; Strangulation in the Second Degree; Strangulation in the First Degree; Assault in the Second Degree; Assault in the Third Degree; Attempted Assault ; Identity Theft in the First Degree; IdentityTheft in the Second Degree; Identity Theft in the Third Degree; Grand Larceny in the Furth degree; Grand Larceny in the Third Degree; or Coercion in the Second Degree as set forth in subdivisions one, two and three of section 135.60 of the penal law; between spouses or former spouses, or between parent and child or between members of the same family or household.

P.L. § 240.20. Disorderly Conduct.  A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: 1. He engages in fighting or in violent, tumultuous or threatening behavior; or 2. He makes unreasonable noise; or 3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or 4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or 5. He obstructs vehicular or pedestrian traffic; or 6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or 7. He creates a hazardous oh physically offensive condition by any act which serves no legitimate purpose.

Disorderly conduct is a violation. Note, under family court act, includes disorderly conduct not in a public place

P.L. § 145.12. Criminal Mischief in the First Degree  A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.

Criminal mischief in the first degree is a class B felony. (**Effective November 13, 2007**)

P.L. § 145.10. Criminal Mischief in the Second Degree  A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.

Criminal mischief in the second degree is a class D felony. (**Effective November 13, 2007**)

P.L. § 145.00 Criminal Mischief in the Third Degree  A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: 1. Damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of t his article; or 2. Damages property of another person in an amount exceeding two hundred fifty dollars.

Criminal mischief in the third degree is a class E felony. (**Effective November 13, 2007**)

P.L. § Criminal Mischief in the Fourth Degree.  A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he: 1. Intentionally damages property of another; or 2. Intentionally participates in the destruction of an abandoned building as defined in section on thousand nine hundred seventy-one-a of the real property actions and proceedings law; or 3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.

Criminal mischief in the fourth degree is a class A misdemeanor. (**Effective November 13, 2007**)

P.L. § 240.25. Harassment in the First Degree.  A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. This section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended.

Harassment in the first degree is a class B misdemeanor.

P.L. § 240.26. Harassment in the Second Degree.  A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or 2. He or she follows a person in or about a public place or places; or 3. He or she engages in a course of conduct or repeatedly commits acts which alarms or seriously annoy such other person and which serve no legitimate purpose.

Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended.

Harassment in the second degree is a violation.

P.L. § 240.30. Aggravated Harassment in the Second Degree.  A person is guilty of aggravated harassment in the second degree when:

1. With intent to harass another person, the actor either:

(a) communicates, anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person, or a member of such person's same family or household as defined in subdivision one of section 530.11 of the criminal procedure law, and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person's physical safety or property, or to the physical safety or property of a member of such person's same family or household; or

(b) causes a communication to be initiated anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or

54 by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person, a member of such person's same family or household as defined in subdivision one of section 530.11 of the criminal procedure law, and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person's physical safety or property, or to the physical safety or property of a member of such person's same family or household; or

2. With intent to harass or threaten another person, he or she makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or

3. With the intent to harass, annoy, threaten or alarm another person, he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or

4. With the intent to harass, annoy, threaten or alarm another person, he or she strikes, shoves, kicks or otherwise subjects another person to physical contact thereby causing physical injury to such person or to a family or household member of such person as defined in section 530.11 of the criminal procedure law; or

5. He or she commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.

Aggravated harassment in the second degree is a class A misdemeanor.

P.L. §130.20. Sexual Misconduct.  A person is guilty of sexual misconduct when: 1. He or she engages in sexual intercourse with another person without such person’s consent; or 2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or 3. He or she engages in sexual conduct with an animal or a dead human body.

Sexual misconduct is a class A misdemeanor.

55 P.L. §130.52. Forcible Touching.  A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.

For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.

Forcible touching is a class A misdemeanor.

P.L. §130.60. Sexual abuse in the Second Degree.  A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is: 1. Incapable of consent by reason of some factor other than being less than seventeen years old;

Sexual abuse in the second degree is a class A misdemeanor.

P.L. §130.55. Sexual Abuse in the Third Degree. A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

Sexual abuse in the third degree is a class B misdemeanor.

P.L. § 120.05. Assault in the Second Degree. 120.05 Assault in the second degree. A person is guilty of assault in the second degree when:

1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or

2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or

3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance

56 of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer or traffic enforcement agent, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician, city marshalof the general municipal law, traffic enforcement officer or traffic enforcement agent, he or she causes physical injury to such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, school crossing guard, traffic enforcement officer or traffic enforcement agent; or

3-a. With intent to prevent an employee of a local social services district directly involved in investigation of or response to alleged abuse or neglect of a child, a vulnerable elderly person or an incompetent or physically disabled person, from performing such investigation or response, the actor, not being such child, vulnerable elderly person or incompetent or physically disabled person, or with intent to prevent an employee of a local social services district directly involved in providing public assistance and care from performing his or her job, causes physical injury to such employee including by means of releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activities of such employee; or

3-b. With intent to prevent an employee of the New York city housing authority from performing his or her lawful duties while located on housing project grounds, real property, or a building owned, managed, or operated by such authority he or she causes physical injury to such employee; or

4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or

4-a. He recklessly causes physical injury to another person who is a child under the age of eighteen by intentional discharge of a firearm,

57 rifle or shotgun; or

5. For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing the same; or

6. In the course of and in furtherance of the commission or attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, or of immediate flight therefrom, he, or another participant if there be any, causes physical injury to a person other than one of the participants; or

7. Having been charged with or convicted of a crime and while confined in a correctional facility, as defined in subdivision three of section forty of the correction law, pursuant to such charge or conviction, with intent to cause physical injury to another person, he causes such injury to such person or to a third person; or

8. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly causes serious physical injury to such person; or

9. Being eighteen years old or more and with intent to cause physical injury to a person less than seven years old, the defendant causes such injury to such person; or

10. Acting at a place the person knows, or reasonably should know, is on school grounds and with intent to cause physical injury, he or she: (a) causes such injury to an employee of a school or public school district; or b) not being a student of such school or public school district, causes physical injury to another, and such other person is a student of such school who is attending or present for educational purposes. For purposes of this subdivision the term "school grounds" shall have the meaning set forth in subdivision fourteen of section 220.00 of this chapter.

11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic

58 enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshalschool crossing guard, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, is performing an assigned duty.

11-a. With intent to cause physical injury to an employee of a local social services district directly involved in investigation of or response to alleged abuse or neglect of a child, vulnerable elderly person or an incompetent or physically disabled person, the actor, not being such child, vulnerable elderly person or incompetent or physically disabled person, or with intent to prevent an employee of a local social services district directly involved in providing public assistance and care from performing his or her job, causes physical injury to such employee; or

11-b. With intent to cause physical injury to an employee of the New York city housing authority performing his or her lawful duties while located on housing project grounds, real property, or a building owned, managed, or operated by such authority he or she causes physical injury to such employee; or

12. With intent to cause physical injury to a person who is sixty-five years of age or older, he or she causes such injury to such person, and the actor is more than ten years younger than such person.

Assault in the second degree is a class D felony.

P.L. § 120.00. Assault in the Third Degree.  A person is guilty of assault in the third degree when: 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or

59 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree is a class A misdemeanor.

P.L. § 110.00. Attempt to Commit a Crime.  A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.

P.L. § 120.15. Menacing in the Second Degree.  A person is guilty of menacing in the second degree when: 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued.

Menacing in the second degree is a class A misdemeanor.

P.L. § 120.15. Menacing in the Third Degree.  A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.

Menacing in the third degree is a class B misdemeanor.

P.L. § 120.25. Reckless Endangerment in the First Degree.  A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.

Reckless endangerment in the first degree is a class D felony.

P.L. § 120.20. Reckless Endangerment in the Second Degree.  A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

Reckless endangerment in the second degree is a class A misdemeanor.

P.L. §121,11, Criminal Obstruction of Breathing or Blood Circulation  A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she: a. Applies pressure on the throat or neck of such person; or b. Blocks the nose or mouth of such person.

Criminal obstruction of breathing or blood circulation is a class A misdemeanor.

P.L. §121.13. Strangulation in the First Degree  A person is guilty of strangulation in the first degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby causes serious physical injury to such other person.

Strangulation in the first degree is a class C felony.

P.L. §121.12. Strangulation in the Second Degree  A person is guilty of strangulation in the second degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment.

Strangulation in the second degree is a class D felony.

P.L. § 120.60. Stalking in the First Degree.  A person is guilty of stalking in the first degree when he or she commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 or stalking in the second degree as defined in section 120.55 of this article and, in the course and furtherance thereof, he or she: 1. Intentionally or recklessly causes physical injury to the victim of such crime; or 2. Commits a class A misdemeanor defined in article on hundred thirty of this chapter, or a class E felony defined in section 130.25, 130.40 or 130.85 of this chapter, or a class D felony defined in section 130.30 or 130.45 of this chapter.

Stalking in the first degree is a class D felony.

61 P.L. § 120.55. Stalking in the Second Degree.  A person is guilty of stalking in the second degree when he or she: 1. Commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 of this article and in the course of an in furtherance of the commission of such offense: (i) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, shotgun, machine gun, electronic dart gun, electronic stun gun, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, slingshot, slungshot, shirken, “Kung Fu Star”, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapon; or (ii) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. Commits the crime of stalking in the third degree in violation of subdivision three of section 120.50 of this article against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, or the present offense; or 3. Commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree as defined in subdivision four of section 120.50 of this article against any person; or 4. Being twenty-one years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or 5. Commits the crime of stalking in the third degree, as defined in subdivision three of section 120.50 of this article, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

Stalking in the second degree is a class E felony.

P.L. § 120.50. Stalking in the Third Degree.  A person is guilty of stalking in the third degree when he or she: 1. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against three or more persons, in three or more separate transactions, for which the actor has not been previously convicted; or 2. Commits the crime of stalking in the fourth degree in violation of section120.45 of this article against any person and has previously been convicted, within the preceding ten years of a specified predicate crime, as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or 3. With intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such

62 person to reasonably fear physical injury or serious physical injury, the commission of a sec offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or 4. Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

Stalking in the third degree is a class A misdemeanor.

P.L. § 120.45. Stalking in the Fourth Degree.  A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct: 1. Is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or 2. Causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such a person is acquainted, and the actor was previously clearly informed to cause that conduct; or 3. Is likely to cause such person toe reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Stalking in the fourth degree is a class B misdemeanor.

§ 190.78 Identity theft in the third degree. A person is guilty of identity theft in the third degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or

2. commits a class A misdemeanor or higher level crime. Identity theft in the third degree is a class A misdemeanor.

§ 190.79 Identity theft in the second degree. A person is guilty of identify theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another

63 person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or

2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or

3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or

4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83 , unlawful possession of a skimmer device in the second degree as defined in section 190.85, unlawful possession of a skimmer device in the first degree as defined in section 190.86, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the second degree is a class E felony.

§ 190.80 Identity theft in the first degree. A person is guilty of identity theft in the first degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds two thousand dollars; or

2. causes financial loss to such person or to another person or

64 persons in an aggregate amount that exceeds two thousand dollars; or

3. commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or

4. commits the crime of identity theft in the second degree as defined in section 190.79 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in this section, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83 , unlawful possession of a skimmer device in the second degree as defined in section 190.85, unlawful possession of a skimmer device in the first degree as defined in section 190.86, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the first degree is a class D felony.

PL. 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he or she steals property and:

1. when the value of the property exceeds three thousand dollars, or

2. the property is an automated teller machine or the contents of an automated teller machine.

Grand larceny in the third degree is a class D felony.

P.L. 155.30 Grand Larceny in the fourth degree. A person is guilty of grand larceny in the fourth degree when he steals property and when:

1. The value of the property exceeds one thousand dollars; or

2. The property consists of a public record, writing or instrument

65 kept, filed or deposited according to law with or in the keeping of any public office or public servant; or

3. The property consists of secret scientific material; or

4. The property consists of a credit card or debit card; or

5. The property, regardless of its nature and value, is taken from the person of another; or

6. The property, regardless of its nature and value, is obtained by extortion; or

7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter; or

8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or

9. The property consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a representative expression of faith, or other miscellaneous item of property which: (a) has a value of at least one hundred dollars; and (b) is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.

10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.

11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

Grand larceny in the fourth degree is a class E felony.

PL 135.60 Coercion in the second degree. A person is guilty of coercion in the second degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in

66 conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, organization or criminal enterprise which such latter person has a right to abstain from joining, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will: 1. Cause physical injury to a person; or 2. Cause damage to property; or 3. Engage in other conduct constituting a crime; or

New York has a program For more information: to help victims of domestic • Visit the ACP website at violence protect their www.dos.ny.gov/acp, OR addresses from their • Call ACP at 1-855-350-4595, OR The Key abusers • Call the local victim service provider to Protecting listed below: Your Address

The Address Confidentiality Program (ACP) provides eligible victims with a substitute mailing address. This address may be used for court and government records, such as court petitions, drivers’ licenses, vehicle registrations, traffic tickets, Address Confidentiality Program applications for services such as P.O. Box 1110, Albany, NY 12201-1110 public assistance or Medicaid, Phone: (518) 474-7306 Toll Free: (855) 350-4595 unemployment insurance, school Fax: (518) 474-0709 records,68 library cards, etc. Email: [email protected] www.dos.ny.gov

What is ACP? How does ACP work? Is ACP right for everyone?

New York’s Address Confidentiality Program You must complete and submit an ACP The ACP can be one tool in a victim’s plan (ACP) allows victims of domestic violence application. Once approved and enrolled to stay safe. A domestic violence or victim to shield their actual addresses. Once you in the program, you will be mailed an ACP service program can help determine if the apply and qualify for this free program, identification card that includes your name ACP would be helpful to you. ACP will assign you an Albany post office and new substitute address. This address box that you can use as your official may be used for receipt of all first-class, To find a program in your area, please : address. State and local government registered and certified mail. This mail will agencies are required to accept your ACP come to the ACP program and then be • Call the NYS Domestic Violence Hotline address. Private companies (department forwarded to you at your actual physical at 1-800-942-6906 stores, utility companies, etc.) are not address (third-class mail, such as catalogs, required to accept this substitute address will not be forwarded). You should always • Visit the NYS Coalition Against Domestic — but many will do so and others may agree use your substitute address with local Violence at www.nyscadv.org, or to if you explain the ACP program. You can and state government agencies. It is your also direct court-related documents to be option to use the address with private • Visit the NYS Office for the Prevention of delivered to the Secretary of State’s office companies (department stores, banks, utility Domestic Violence at www.opdv.ny.gov. in Albany, then forwarded by certified mail companies, etc.). If necessary, you can use to your confidential address. your ACP identification card to verify your How can I apply? ACP participation. You will be enrolled in the program for four years; you may reapply if Who is eligible? Enrollment application forms are available you need to continue in the program. on the ACP website at www.dos.ny.gov/acp. The program is available to victims of The website also has a list of agencies with ACP addresses domestic violence who have had to move or staff who can explain the program and look like this: are planning to move to a new location for help victims of domestic violence complete safety reasons. Other people living in the the application process. same household as the victim (for example, children, parents or siblings) may also be eligible to participate. 69

When interviewing victims of sexual assault or intimate partner violence . . . .

DON’T: DO: BE UNPREPARED FOR INTERVIEW HAVE A CHECKLIST; REVIEW PAPERS AHEAD OF TIME

PATRONIZE HER/HIM RESPECT HER/HIM

DEFINE HER/HIS GOALS ALLOW HER/HIM TO TELL YOU WHAT S/HE WANTS

JUMP INTO ASKING ABOUT INTIMATE DETAILS BREAK THE ICE

BE DISTRACTED FOCUS ON HER/HIM

BE IMPATIENT BE GIVING OF YOUR TIME

USE TECHNICAL JARGON EXPLAIN THE SYSTEM TO HER/HIM; SPEAK LIKE A PERSON

TELL HER/HIM WHAT S/HE NEEDS TO DO ASK HER/HIM WHAT S/HE WANTS; ALLOW HER/HIM TO MAKE DECISIONS FOR HER/HIMSELF; DON’T MANDATE CONDITIONS FOR YOUR HELP

THINK YOU KNOW EVERYTHING UNDERSTAND THAT WE CAN ALL LEARN NEW THINGS

TRASH THE PERPETRATOR REMEMBER S/HE MAY LOVE HIM/HER

ENCOURAGE HER/HIM TO FEEL SYMPATHY FOCUS ON VICTIM’S NEEDS FOR THE PERPETRATOR

URGER HER/HIM TO CHANGE HER/HIS ACKNOWLEDGE HER/HIS COURAGE, LIFE OVERNIGHT INCLUDING TELLING YOU ABOUT THE ASSAULT OR DV AND AKING FOR HELP; ACKNOWLEDGE HER/HIS STRENGTHS

DEMAND THAT S/HE LEAVE HIM/HER ASK HER/HIM WHAT S/HE WANTS TO DO AND WHAT WILL MAKE HER/HIM FEEL SAFE

BE DISMISSIVE BE AFFIRMING

GULP AND GAB (eat, drink, chat on the phone) BE POLITE

BLAME THE VICTIM; JUDGE HER/HIM; ASK WHY BE AWARE OF THE DYNAMICS OF DOMESTIC S/HE PUTS UP WITH ABUSE; WHAT S/HE DID TO VIOLENCE AND SEXUAL ASSAULT; PROVOKE IT; WHAT S/HE OULD HAVE DONE TO ACKNOWLEDGE THE THINGS S/HE HAS DONE AVOID IT; WHAT S/HE GETS OUT OF IT; HOLD TO KEEP HER/HIMSELF AND THE CHILDREN HER/HIM RESPONSIBLE FOR THE PERPETRATOR’S SAFE CONDUCT

OVERSIMPLIFY HER/HIS SITUATION APPRECIATE THE COMPLEXITY OF HER/HIS LIFE

75 BE LOOSE LIPPED/ CARELESS WITH MAINTAIN CONFIDENTIALITY AND CONFIDENTIALITY DEMONSTRATE IT BY ACTIONS

OVERHWELM HER/HIM WITH LISTS OF THINGS ESTABLISH WHAT S/HE EXPECTS AND WANTS; TO DO DISCUSS WHETHER THOSE EXPCTATIONS AND DESIRES ARE REALISTIC; HELP HER/HIM TO NEGOTIATE THE SYSTEM; HELP HER/HIM TO FIND SUPPORTIVE SERVICES

MAKE GENDER-BASED ASSUMPTIONS USE GENDER NEUTRAL LANGUAGE; ASK, “WHAT ARE YOUR PREFERRED PRONOUNS?”

Adapted from “When Interviewing battered women . . . “ by Geri Pomerantz, Esq., with the author’s permission.

Myths and Facts about Domestic Violence

There are many myths about domestic violence that perpetuate a distorted view about its nature and causes. This list is a starting point; we hope that it will prompt you to examine your beliefs and provide you with helpful information.

Myth #1: Anger causes domestic violence. Batterers are not angrier than the rest of us. They use anger as an excuse and justification for their behavior. We all experience anger, but many of us don’t have to express it by abusing others.

Myth#2: Batterers “lose control” of their temper. Battering is not loss of control; it is the exertion of power and control of one partner over the other. Batterers are usually violent only toward their partners or their children. They make sure that others are unaware of the abuse; they abuse behind closed doors and make sure no one talks about it. If they assault physically, batterers often inflict injuries on parts of the body that are covered by clothing, or they pull hair, or they choke—injuries that rarely leave obvious marks. Many assaults last hours. Many are planned.

Myth #3: Domestic violence occurs only in uneducated, minority or dysfunctional families. Domestic violence touches every demographic group—regardless of race, ethnicity, economics, class, sexual orientation, occupation, or education. There are doctors, ministers, psychologists, police, attorneys, judges, and other professionals who beat their partners. Approximately 50% of all couples experience domestic violence at some time in their lives.

Myth #4: If a battered woman really wants to leave, she can. Any woman who considers leaving her abuser faces risks. 65% of battered women who are killed are murdered by their abusers when—or after—they leave.

Myth #5: Domestic violence is a woman’s issue. Men have a significant role in supporting women, holding other men accountable, and teaching young men about respectful, nonviolent relationships. • In 2001 approximately 15% of the victims of intimate partner violence were men.1 • Domestic violence occurs in GLBT relationships. • Domestic violence is the leading indicator of juvenile delinquency.

Myth #6: Drugs and alcohol cause domestic violence. Drugs and alcohol can increase the danger level and have been present in at least 50% of domestic violence cases. However, many alcoholics or drug users do not batter, and many batterers do not use drugs and alcohol. Stopping the abuser’s drinking will not end the violence. Batterers who are alcoholics or use drugs have separate issues to confront if they want help—their addiction and their abusive behavior. Each problem must be ad- dressed independently.

1 Bureau of Justice Statistics Crime Data Brief, Intimate Partner Violence, 1993-2001, February 2003.

FORMS

ALBANY COUNTY FAMILY COURT INFORMATION SHEET

PETITIONER’S NAME: ALIAS/NICKNAME/MAIDEN:

RESIDENTIAL ADDRESS: MAILING ADDRESS: (If different)

Street: Street:

Floor/Apt. #: Floor/Apt. #: P.O. Box

City: State: City: State:

ZIP Code: County: ZIP Code: County:

KEEP ADDRESS CONFIDENTIAL [ ] Yes [ ] No IF YES, YOU MUST FILL OUT THE ATTACHED FORM.

PHONE (H) EMERGENCY NUMBER:

(Cell) (W) EMAIL ADDRESS:

DATE OF BIRTH: 0 MALE 0 FEMALE SOCIAL SECURITY #

RACE: 0 WHITE 0 BLACK 0 NATIVE AMERICAN HEIGHT: WEIGHT: 0 ASIAN/PACIFIC/ISLANDER 0 OTHER

ETHNICITY: (Select One) 0 HISPANIC 0 NON-HISPANIC 0 OTHER EYE COLOR: HAIR COLOR:

VEHICLE: MAKE: MODEL: COLOR: YEAR: PLATE #:

EMPLOYERS NAME AND ADDRESS:

RESPONDENT’S NAME: ALIAS/NICKNAME/MAIDEN:

RESIDENTIAL ADDRESS: MAILING ADDRESS: (If different)

Street: Street:

Floor/Apt. #: Floor/Apt. #: P.O. Box

City: State: City: State:

ZIP Code: County: ZIP Code: County:

EMPLOYERS NAME AND ADDRESS:

RESPONDENT’S JOB POSITION AND/OR WORK LOCATION: HOURS:

PHONE (H) PHONE (ANY OTHER) (Cell) (W) EMAIL ADDRESS:

DATE OF BIRTH: 0 MALE 0 FEMALE SOCIAL SECURITY #

RACE: 0 WHITE 0 BLACK 0 NATIVE AMERICAN HEIGHT: WEIGHT: 0 ASIAN/PACIFIC/ISLANDER 0 OTHER

ETHNICITY: (Select One) 0 HISPANIC 0 NON-HISPANIC 0 OTHER EYE COLOR: HAIR COLOR:

OTHER DISTINGUISHING MARKS (TATOOS, SCARS, ETC.) 88 VEHICLE: MAKE: MODEL: COLOR: YEAR: PLATE #:

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY

In the Matter of

FF#------Petitioner Date: -against------ADDRESS CONFIDENTIALITY AFFIDAVIT Respondent. FCA §154-b

I, am the o Petitioner o Respondent in the above-entitled proceeding and I swear that the following information is true.

1. I request that my address be kept confidential from the o Petitioner o Respondent because (check applicable boxes):

o I �ave an address confidentiality order from Court. o I am in a shelter for: victims of domestic violence, parents with abused or neglected children or homeless persons.

o Disclosure of my address or identifying information would pose an unreasonable risk to my health or safety or my children's health or safety, because: [Give specific reasons]

o I have been approved for participation in the Address Confidentiality Program of the NYS Department of State. My participation expires on _

2. I designate the Clerk of the Court as my agent to receive all of process and all papers filed in this Court by the other party, except for participants in NYS Department of State Address Confidentiality Program.

3. I agree to keep the Clerk of the Court informed of any change in my address.

Sworn to before me this day of Signature · (Deputy) Clerk of the Court

Print or type name o Approved o Disapproved 89

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY In the Matter of FF#: , PETITIONER FIRST M.I. LAST DOCKET#:

ADDRESS: PATERNITY PETITION

City State Zip

PHONE # Home: Work:

Cell: Child: -AGAINST- DOB:

, RESPONDENT FIRST M.I. LAST ADDRESS: City State Zip

PHONE # Home: Work:

Cell:

THE PETITIONER STATES THE FOLLOWING: (PLEASE PRINT) 1. The parties are related to the child as follows: Mother Alleged Father Other D D Petitioner is the

Respondent is the D D 2. The mother had sexual intercourse with the alleged father on or from to . As a result, the mother became pregnant.

3. The mother gave birth or expects to give birth on to a male D ; D female child named or to be named: .

4. If the child has been born, state the following: COUNTY OF BIRTH CITY OF BIRTH STATE OF BIRTH HOSPITAL OF BIRTH

5. For the alleged father of the child, state the following:

DATE OF BIRTH: PLACE OF BIRTH: SOCIAL SECURITY NUMBER / / 90

D D 6. At the time of conception or after, was the mother married? [ Yes] [ No]. If yes, give full name, address, date of birth and social security number of husband. Provide the date of marriage and divorce and the Court that granted the divorce.

7. Is a person listed on the child’s birth certificate as the father? [D Yes] [ D No]. Was an affidavit of paternity signed at the hospital? [D Yes] [ D No].

If either of the these answers are yes, attach a copy of the affidavit or birth certificate. State the name and address of the person named as the father.

8. Has the alleged father admitted paternity by caring for the child, paying child support, giving the child gifts, admitting in cards or letters or to other persons that he is the child’s father? Give specifics.

9. Have you previously filed a paternity petition involving this child? If so, state date, court and results. Attach copies of any orders issued.

10. Is the child a Native American child covered by the Indian Child Welfare Act of 1978 (25 U.S.C. §1901-1963)? [Yes D]; [No D] 11. Are you seeking child support and birth costs? [Yes ] [No ] D D 12. I am applying for child support services from the Support Collection Unit through the filing of this petition, unless: D I have already applied for child support services with the Albany County Department of Social Services. I do not need to apply now because I have continued to receive child support D service after the public assistance, care, or foster care case, for my family has

closed. I do not wish to apply for child support services. D I am not eligible for child support enforcement services because only spousal D support is sought.

13. Are you seeking an order for genetic testing? [Yes D ] [No D]

* If you want Child Support Services, the Child Support Collection Unit (SCU) will collect the child support for you. The SCU will also issue an order to the Respondent’s employer requiring that the child support be deducted directly from the Respondent’s paycheck and sent to the SCU. Also, every three years, the SCU will automatically adjust the child support amount based on the cost of living.

I ASK THE COURT TO ISSUE AN ORDER OF PATERNITY, AN ORDER OF SUPPORT AND FOR ANY OTHER APPROPRIATE RELIEF.

STATE OF NEW YORK: VERIFICATION COUNTY OF ALBANY:

Petitioner, being duly sworn, states: I have read this petition and its contents are true to my own knowledge or to the best of my knowledge.

PETITIONER Sworn to before me on

, 20 .

(Deputy) Clerk of the Court, Notary or Comm. Of Deeds

NOTICE

(1) COST OF LIVING ADJUSTMENT: A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS PETITION SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN 24 MONTHS AFTER SUCH ORDER WAS 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) ADJUSTMENT FOR CHILDREN RECEIVING FAMILY ASSISTANCE: 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 24 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) FAILURE TO NOTIFY SCU OF ADDRESS CHANGE: 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. 92

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY

In the Matter of FF #:

, PETITIONER DOCKET#: FIRST M.I . LAST

ADDRESS: PETITION FOR D CUSTODY

PHONE # Home: Work: D PARENTING TIME

Cell: -AGAINST-

* * RESPONDENT 1 RESPONDENT 2

FIRST M.I. LAST FIRST M.I. LAST

ADDRESS: ADDRESS:

PH # Home: Work: PH # Home: Work: Cell: Cell:

THE PETITIONER STATES THE FOLLOWING: (PLEASE PRINT) 1. I am the Respondent’s: [spouse D ]; [former spouse D ] [parent D ]; D D [we have a child together ]; [other ]

2. The children to be covered by the custody order are: NAME LIVES WITH DOB

Petitioner D Respondent D / / Petitioner D Respondent D / / Petitioner D Respondent D / / Petitioner D Respondent D / / Petitioner D Respondent D / /

* BOTH PARENTS MUST BE PARTIES TO THIS PROCEEDING. IF PETITIONER IS NOT A PARENT, THEN BOTH PARENTS MUST BE NAMED AS RESPONDENTS. IF THE PETITIONER IS A PARENT, THEN THE OTHER PARENT MUST BE NAMED AS A RESPONDENT, IN ADDITION TO ANY OTHER PERSON NAMED.

93 3. State the relationship of each party to the children named above: (If you are a relative, state whether maternal or paternal). Mother Father Other D D Petitioner is the

D D

Respondent 1 is the D D

Respondent 2 is the

4. State if you and the Respondent are married, physically separated or divorced. State the date of each event. Attach a copy of any separation agreement or divorce judgement. DATE DATE DATE MARRIED: SEPARATED: DIVORCED:

5. How was paternity established? D Mother and Father were married at the time of conception or birth D Father is listed on the birth certificate D Affidavit signed at hospital D Court Order D PATERNITY HAS NOT BEEN LEGALLY ESTABLISHED

6. State who has physical custody of the children now and how and when custody was obtained:

7. State why it would be in the best interest of the children for you to have custody or visitation: (GIVE SPECIFICS. IF YOU NEED ADDITIONAL SPACE, PLEASE ASK FOR A CONTINUATION SHEET.)

94 8. Has any other court issued a custody order involving any of these children. If so, state the date, the court and the results:

9. State if any Order of Protection has been issued against the Respondent or against you and state the specifics of those orders:

COURT DATE OF ORDER AGAINST ORDER EXPIRES NEXT COURT DATE

State specifics:

10. State if you or the Respondent are on active military duty or have returned from active military duty. State type of service, military branch, anticipated dated and locations of duty and how duty is likely to affect custody or visitation.

11. State where each child lived during the last five years.

I ASK THE COURT TO ISSUE AN ORDER OF CUSTODY AND PARENTING TIME AND FOR ANY OTHER APPROPRIATE RELIEF.

STATE OF NEW YORK: VERIFICATION COUNTY OF ALBANY :

Petitioner, being duly sworn, states: I have read this petition and its contents are true to my own knowledge or to the best of my knowledge.

Sworn to before me on

______, 20___. PETITIONER

(Deputy) Clerk of the Court, PRINT NAME Notary or Comm. Of Deeds 95

4. State the date of the Order you want changed and how you want it changed.

5. State the change of circumstances that justify changing the Order.

(IF YOU NEED ADDITIONAL SPACE, PLEASE ASK FOR A CONTINUATION SHEET.)

I ASK THAT THE CURRENT ORDER BE MODIFIED AS REQUESTED IN THIS PETITION AND FOR ANY OTHER RELIEF THAT THE COURT FINDS TO BE JUST AND PROPER.

STATE OF NEW YORK: VERIFICATION COUNTY OF ALBANY:

Petitioner, being duly sworn, states: I have read this petition and its contents are true to my own knowledge or to the best of my knowledge.

DATE: PETITIONER Sworn to before me on ----� 20_. PRINT NAME

(Deputy) Clerk of the Court, Notary or Comm. Of Deeds 97

3. State the date of the Order, the Court that issued the Order and provisions of the order that have been violated.------,,-

4. State how the Respondent violated the Order. Very import State specific dates, times, places and details.

(IF YOU NEED ADDITIONAL SPACE, PLEASE ASK FOR A CONTINUATION SHEET)

5. Have you applied to any other court for the same violation alleged here? Is so, state the court, date and outcome.

I REQUEST THAT THE RESPONDENT BE HELD IN CONTEMPT OF COURT AND DEALT WITH IN ACCORDANCE WITH THE LAW.

STATE OF NEW YORK: VERIFICATION COUNTY OF ALBANY:

Petitioner, being duly sworn, states: I have read this petition and its contents are true to my own knowledge or to the best of my knowledge. Sworn to before me on _,20_ PETITIONER

(Deputy) Clerk of the Court, PRINT NAME Notary or Comm. Of Deeds

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY

In the Matter of FF#: , PETITIONER FIRST M.I. LAST DOCKET #:

ADDRESS: SUPPORT PETITION

City State Zip D CHILD D SPOUSE

PH #: H: W: Cell: -AGAINST-

, RESPONDENT FIRST M.I. LAST

ADDRESS:

City State Zip

PH #: H: W: Cell:

THE PETITIONER STATES THE FOLLOWING: D D D 1. I am the Respondent’s: [spouse ]; [former spouse ] [parent ]; D D [we have a child together ]; [other ]

D 2. Respondent is responsible for the support of Petitioner and these dependents:

NAME LIVES WITH DOB RELATIONSHIP TO Petitioner Respondent D D / / Pet Resp Pet D Resp D / /

Pet D Resp D / /

D D Pet Resp / / D D Pet Resp / / 3. How was paternity established? D Mother and Father were married at the time of conception or birth D Father is listed on the birth certificate D Affidavit signed at hospital

D Court Order 100 D PATERNITY HAS NOT BEEN LEGALLY ESTABLISHED

D 4. Respondent has failed to provide fair and reasonable support for the [Petitioner ] [dependents ] according to the Respondent’s means and earning capacity. The Respondent hasD paid the following support: (Describe any support received)

5. I am applying for child support services from the Support Collection Unit through the filing of this petition, unless: D I have already applied for child support services with the Albany County Department of Social Services. I do not need to apply now because I have continued to receive child support services D after the public assistance, care, or foster care case, for my family has closed. I do not wish to apply for child support services. D D I am not eligible for child support enforcement services because only spousal support is sought.

6. I or my dependents now receive public assistance: D yes; D no. If yes, state what benefits and the amount.

7. I previously applied for an order of support on: (give date, court and results - include a Native American tribunal)

8. State: 8.1 Respondent’s occupation: 8.2 Respondent’s hourly wage or periodic income 8.3 Name and address of respondent’s employer

I ASK THE COURT TO GRANT ME AN ORDER OF SUPPORT DIRECTING RESPONDENT TO PROVIDE FAIR AND REASONABLE SUPPORT, TO EXERCISE THE OPTION FOR ADDITIONAL COVERAGE FOR HEALTH INSURANCE TO COVER ME D AND THE CHILDREN D, AND FOR OTHER RELIEF AS THE LAW PROVIDES.

Petitioner, being duly sworn, states: I have read this petition and its contents and believe them to be true to the best of my knowledge. DATED:

PETITIONER

101 PRINT NAME

NOTICE

102 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY

In the Matter of FF#:

, PETITIONER DOCKET #: FIRST M.I. LAST

ADDRESS: City State Zip PETITION FOR MODIFICATION PHONE #: H: W: OF A SUPPORT ORDER MADE BY: Cell: D FAMILY COURT DSUPREME COURT -AGAINST-

, RESPONDENT FIRST M.I. LAST ADDRESS:

City State Zip

PHONE #: H: W: Cell:

THE PETITIONER STATES THE FOLLOWING:

1. An order of support dated requires the [Petitioner D ] D [Respondent ] to make the following support payments:

ATTACH ORDER OF SUPPORT OR JUDGMENT WHICH YOU SEEK TO MODIFY.

2. The children who are covered by this order are: NAME LIVES WITH DOB PET D RESP D / / PET D RESP D / / PET D RESP D / / PET D RESP D / / PET D RESP D / /

* WHEN YOU RETURN TO COURT, YOU MUST BRING YOUR MOST RECENTLY FILED TAX RETURN, CURRENT PAY STUB AND A FULLY COMPLETED FINANCIAL DISCLOSURE AFFIDAVIT. IF YOU DO NOT BRING THESE DOCUMENTS, YOUR PETITION MAY BE DISMISSED OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.

103 3. A change in circumstances has occurred since the date of the last support order that justifies a modification [upward D ] [downward D ] in support in that: D 3 years since last order D 15% change in income D Other.

4. State how the order of support should be modified:

6. I have previously applied for a modification of the same order on: (give date, court and results - include a Native American tribunal)

I ASK THE COURT TO ISSUE AN ORDER OF SUPPORT MODIFYING THE CURRENT ORDER AND DIRECTING THE PAYMENT OF FAIR AND REASONABLE SUPPORT, HEALTH INSURANCE COVERAGE AND FOR OTHER APPROPRIATE RELIEF PROVIDED BY LAW.

DATED:

PETITIONER

PRINT NAME

104

NOTICE

105 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY

In the Matter of FF#:

DOCKET #: , PETITIONER FIRST M.I. LAST PETITION FOR VIOLATION OF ORDER OF SUPPORT ADDRESS:

City State Zip CHILD SUPPORT D

PH #: H: W: SPOUSAL SUPPORT D

Cell: HEALTH INSURANCE D

-AGAINST- , RESPONDENT FIRST M.I. LAST

ADDRESS:

City State Zip PH #: H: W: Cell:

WARNING: THE PURPOSE OF THE HEARING REQUESTED IN THIS PETITION IS TO PUNISH THE RESPONDENT FOR CONTEMPT OF COURT, WHICH MAY INCLUDE SANCTIONS OF A FINE OR IMPRISONMENT OR BOTH. YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.

THE PETITIONER STATES THE FOLLOWING: D D D 1. I am the Respondent’s: [spouse ] [former spouse ] [we have child together ] [parent ] [other ]. D D 2. Respondent was ordered to pay support for Petitioner and these dependents: NAME LIVES WITH DOB D RESP D RESP RESP PET D PET D RESP D PET D RESP D PET PET D D D 106 / / / / / / / / / /

107

3. An order of this Court, dated , required the Respondent to pay the following support:

4. Respondent has [willfully D ] violated the Order of this Court by the following actions:

5. I [ D have] [ D have not] applied to another court for relief based on the allegations in this

petition. If yes, give specifics.

6. I am applying for child support services from the Support Collection Unit through the filing of this petition, unless: D I have already applied for child support services with the Albany County Department of Social Services. I do not need to apply now because I have continued to receive child support services D after the public assistance, care, or foster care case, for my family has closed. I do not wish to apply for child support services. D I am not eligible for child support enforcement services because only spousal D support is sought.

RESPONDENT TAKE NOTICE THAT: THE PETITIONER MAY AMEND THIS PETITION TO INCLUDE ANY ADDITIONAL ARREARS WHICH ACCRUE FROM THE DATE THIS PETITION WAS FILED UP TO THE DATE OF THE HEARING.

I ASK THE COURT TO GRANT ME RELIEF AS ALLOWED BY THE FAMILY COURT ACT and CPLR 5242 AND FOR ANY OTHER RELIEF THE COURT FINDS TO BE JUST AND PROPER.

PETITIONER

108

NOTICE

109 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY

FF#: , PETITIONER FIRST M.I. LAST DOCKET #:

* ADDRESS:

PH #: H: W: Cell:

FAMILY OFFENSE -AGAINST- PETITION

, RESPONDENT FIRST M.I. LAST

ADDRESS:

PH #: H: W: Cell:

THE PETITIONER STATES THE FOLLOWING: (PLEASE PRINT) D D 1. Respondent and I: [are/wereD married ]; [haveD a child together ]; [are parent and son/daughter ]; [are brother/sister ]; [are related by blood or marriage : explain how ] DD D [other intimate relationship Current Past describe: ]

2. List all children who live in your house. Also list any other of your children who do not live with you.

NAME LIVES WITH DOB RELATIONSHIP TO Petitioner Respondent D Resp D Pet / / D Pet Resp D / / D Pet Resp D

/ / D Resp D Pet / / D Resp D Pet / / * If your health, safety or liberty or that of your children would be put at risk by disclosure of your address or other identifying information, you may apply to the Court for an address confidential order by submitting General Form GF-21. This form is available at the front desk or on-line at www.nycourt.gov. 110 3. The Respondent committed the following acts, against me or my child, which constitute D assault, D attemptedD assault, D disorderlyD conduct, D criminalD mischief,D stalking, D harassment, aggravated harassment, menacing or reckless endangerment, D sexual abuse, D strangulation, D sexual misconduct, D forcible touching, D criminal D D D obstruction of breathing or circulation, identity theft, grand larceny, coercion. (VERY IMPORTANT! STATE DATE, TIME AND PLACE AND GIVE SPECIFIC DETAILS, SUCH AS INJURIES AND WEAPONS USED )

( IF YOU NEED ADDITIONAL SPACE, PLEASE ASK FOR A CONTINUATION SHEET.) D 4. Do any of these aggravating circumstances exist in this case:[physical injury ] ; [use of a weapon D ]; [previous assaults by the Respondent against the Petitioner or children D]; [violation of prior orders of protection D ]; [other dangerous behavior of the Respondent D ]. GIVE SPECIFICS.

5. Has the Respondent ever threatened you or your family members with a gun? 110

If yes, give specifics.

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6. Does the Respondent own or have access to any guns? Does the Respondent have a firearms license or permit? If yes, give specifics.

7. Have you filed any other Family Offense Petitions or criminal complaints concerning this incident? If yes, give specifics.

8. Are there any other civil, criminal or Family court actions now pending between you and the Respondent? If yes, give specifics, such as date, time, sentence and court.

9. Has the Respondent ever been convicted of a crime? Give specifics.

10. Has a Court ever determined that the Respondent violated an order of protection issued to you, any member of your family or Respondent’s family? If yes, give specifics. D D 11. Do you own any pets or have any pets living in your household? No Yes If yes, name and describe. Has the Respondent ever injured or tried or threatened to injure any pets in your D D household? No Yes - If yes, describe.

12. Is there a substantial risk of physical or emotional harm if you remain at your current residence? Have you asked your landlord to terminate your lease because of the domestic violence alleged in this petition? Has the landlord granted your request? BASED ON THIS PETITION, I ASK THE COURT TO GRANT ME AN ORDER OF PROTECTION AND ANY OTHER APPROPRIATE RELIEF ALLOWED BY LAW.

DATE:

PETITIONER

PRINT NAME

111

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4. State the date of the Order you want changed and how you want it changed.

5. State the change of circumstances that justify changing the Order.

(IF YOU NEED ADDITIONAL SPACE, PLEASE ASK FOR A CONTINUATION SHEET.)

6. Is there a substantial risk of physical or emotional harm if you remain at your current residence? Have you asked your landlord to terminate your lease because of the domestic violence alleged in this petition? Has the landlord granted your request? _____ I ASK THAT THE CURRENT ORDER BE MODIFIED AS REQUESTED IN THIS PETITION AND FOR ANY OTHER RELIEF THAT THE COURT FINDS TO BE JUST AND PROPER.

STATE OF NEW YORK: VERIFICATION COUNTY OF ALBANY:

Petitioner, being duly sworn, states: I have read this petition and its contents are true to my own knowledge or to the best of my knowledge.

DATE: PETITIONER Sworn to before me on ----� 20_. PRINT NAME

(Deputy) Clerk of the Court, Notary or Comm. Of Deeds 113

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3. State the terms of the Order of Protection that the Respondent violated. (If the order is from another court, attach a copy)

4. State how the Respondent violated the Order. Very important! State dates, times, places and give specific details.

(IF YOU NEED ADDITIONAL SPACE, ASK FOR A CONTINUATION SHEET) 5. Have you filed any other Petition or a criminal complaint concerning this incident? If yes, give specifics.

I ASK THE COURT TO FIND THAT THE RESPONDENT HAS VIOLATED THE ORDER OF PROTECTION AND TO GRANT APPROPRIATE RELIEF.

STATE OF NEW YORK: VERIFICATION COUNTY OF ALBANY:

Petitioner, being duly sworn, states: I have read this petition and its contents are true to my own knowledge or to the best of my knowledge.

Sworn to before me on ----� 20 PETITIONER

(Deputy) Clerk of the Court, PRINT NAME 115 Notary or Comm. Of Deeds

ALBANY COUNTY FAMILY COURT (Continuation Sheet)

Date: ----- Signed 116

BIOGRAPHIES

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Kristin Petrella, Esq. came to the Albany County Bar Association (ACBA) in 2016 as a Lawyer Referral Service Representative. In 2017 she was promoted to Coordinating Attorney, where she is responsible for engaging the ACBA’s membership in Albany-area pro bono efforts, and managing the Albany County Family Court Help Center. Kristin holds a J.D. from William and Mary Law School. She was admitted to the New York State Bar in 2013 and previously served as an Assistant District Attorney for Rensselaer County, where she practiced in city and town courts, and in Integrated Domestic Violence Court. Kristin is a proud graduate of Syracuse University, and continues to be an avid fan of the Syracuse Orange basketball team.

Susan Pattenaude, Esq. is Senior Attorney and Director of Pro Bono Services for The Legal Project. She has been with The Legal Project for over sixteen years. Susan is responsible for the recruitment of attorneys for The Legal Project’s pro bono panels, and she represents domestic violence survivors in civil matters including family offenses, custody and support cases, name changes and matrimonial cases. She regularly conducts consultations with battered women at The Legal Project’s offices in Albany and at the Schenectady YWCA. She is a founding member of the Domestic Violence Legal Training Coalition of the Capital District and the Capital Region Pro Bono Committee.

Susan served on the Board of Directors of the Capital District Women’s Bar Association for six years and currently chairs its Domestic Violence and Pro Bono committees. She also served on the Board of Directors of the Women’s Bar Association of the State of New York, and co-chairs its statewide Domestic Violence committee. Susan also serves on the Town of Poestenkill Board of Ethics.

Prior to joining The Legal Project, Susan was an attorney with the New York State Department of Public Service and the State Energy Office. She received her J.D. from New York University School of Law and her B.S.W. from the State University of New York at Albany.

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