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Family Court Law

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Part 1 - Article 4 - Family Court

JURISDICTION AND DUTIES OF SUPPORT

Section Description
411 Jurisdiction.
412 Married person's duty to support spouse.
413 Parents' duty to support child.
413-A Review and cost of living adjustment of child support orders.
415 Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
416 Elements of support; provisions for accident, life and health insurance benefits.
417 Child of ceremonial marriage.
418 Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
  S 411. Jurisdiction.  The  family  court  has  exclusive  original
  jurisdiction over proceedings for  support  or  maintenance  under  this
  article  and  in  proceedings under article five-B of this act, known as
  the uniform interstate family support act.  On its own motion, the court
  may at any time in the proceedings also direct the filing of  a  neglect
  petition in accord with article ten of this act.

  * S 412. Married person's duty to support spouse. A married person is
  chargeable with the support of his or her spouse and,  if  possessed  of
  sufficient  means or able to earn such means, may be required to pay for
  his or her  support  a  fair  and  reasonable  sum,  as  the  court  may
  determine,  having  due  regard  to  the circumstances of the respective
  parties.
    * NB Effective until January 23, 2016
    * S 412. Married person's duty to support spouse. 1. A married  person
  is  chargeable  with  the support of his or her spouse and, except where
  the parties have entered into an  agreement  pursuant  to  section  four
  hundred  twenty-five  of  this article providing for support, the court,
  upon application by a party, shall make its award  for  spousal  support
  pursuant to the provisions of this part.
    2.  For  purposes  of this section, the following definitions shall be
  used:
    (a) "payor" shall mean the spouse with the higher income.
    (b) "payee" shall mean the spouse with the lower income.
    (c) "income" shall  mean  income  as  defined  in  the  child  support
  standards  act and codified in section two hundred forty of the domestic
  relations law and section four hundred thirteen of this article  without
  subtracting spousal support actually paid or to be paid to a spouse that
  is  a  party  to  the instant action pursuant to subclause (C) of clause
  (vii) of subparagraph five of paragraph  (b)  of  subdivision  one-b  of
  section  two  hundred  forty of the domestic relations law and subclause
  (C) of clause (vii) of subparagraph five of paragraph (b) of subdivision
  one of section four hundred thirteen of this article.
    (d)  "income  cap"  shall  mean  up  to  and  including  one   hundred
  seventy-five  thousand  dollars  of the payor's annual income; provided,
  however, beginning January thirty-first, two thousand sixteen and  every
  two years thereafter, the income cap amount shall increase by the sum of
  the  average  annual  percentage changes in the consumer price index for
  all urban consumers (CPI-U) as published by the United States department
  of labor bureau of labor statistics for the prior two  years  multiplied
  by  the  then  income  cap  and then rounded to the nearest one thousand
  dollars. The office of court administration shall determine and  publish
  the income cap.
    (e)  "guideline  amount of spousal support" shall mean the sum derived
  by the application of subdivision three or four of this section.
    (f) "self-support reserve" shall  mean  the  self-support  reserve  as
  defined  in  the child support standards act and codified in section two
  hundred forty of the domestic relations law  and  section  four  hundred
  thirteen of this article.
    (g) "agreement" shall have the same meaning as provided in subdivision
  three  of  part  B  of  section  two  hundred thirty-six of the domestic
  relations law.
    3. Where the payor's income is lower than or equal to the income  cap,
  the  court  shall  determine  the guideline amount of spousal support as
  follows:
    (a) Where child support will be paid for children of the marriage  and
  where  the  payor  as  defined in this section is also the non-custodial
  parent pursuant to the child support standards act:
    (1) the court shall subtract twenty-five percent of the payee's income
  from twenty percent of the payor's income.
    (2) the court shall then multiply the sum of the  payor's  income  and
  the payee's income by forty percent.
    (3)  the  court  shall  subtract  the  payee's  income from the amount
  derived from subparagraph two of this paragraph.
    (4) the court shall determine the lower of the two amounts derived  by
  subparagraphs one and three of this paragraph.
    (5)  the  guideline  amount  of  spousal  support  shall be the amount
  determined by subparagraph four of this paragraph except  that,  if  the
  amount determined by subparagraph four of this paragraph is less than or
  equal  to  zero,  the  guideline amount of spousal support shall be zero
  dollars.
    (6) spousal support shall be calculated prior to child support because
  the amount of spousal support  shall  be  subtracted  from  the  payor's
  income and added to the payee's income as part of the calculation of the
  child support obligation.
    (b) Where child support will not be paid for children of the marriage,
  or where child support will be paid for children of the marriage but the
  payor as defined in this section is the custodial parent pursuant to the
  child support standards act:
    (1) the court shall subtract twenty percent of the payee's income from
  thirty percent of the payor's income.
    (2)  the  court  shall then multiply the sum of the payor's income and
  the payee's income by forty percent.
    (3) the court shall  subtract  the  payee's  income  from  the  amount
  derived from subparagraph two of this paragraph.
    (4)  the  court  shall  determine  the  lower  of  amounts  derived by
  subparagraphs one and three of this paragraph.
    (5) the guideline amount  of  spousal  support  shall  be  the  amount
  determined  by  subparagraph  four of this paragraph except that, if the
  amount determined by subparagraph four of this paragraph is less than or
  equal to zero, the guideline amount of spousal  support  shall  be  zero
  dollars.
    (6) if child support will be paid for children of the marriage but the
  payor as defined in this section is the custodial parent pursuant to the
  child  support  standards act, spousal support shall be calculated prior
  to child  support  because  the  amount  of  spousal  support  shall  be
  subtracted  from  the  payor's income and added to the payee's income as
  part of the calculation of the child support obligation.
    4. Where the payor's income exceeds the income cap,  the  court  shall
  determine the guideline amount of spousal support as follows:
    (a)  the court shall perform the calculations set forth in subdivision
  three of this section for the income of the payor up  to  and  including
  the income cap; and
    (b)  for  income  exceeding  the cap, the amount of additional spousal
  support awarded, if any, shall be within the  discretion  of  the  court
  which  shall  take into consideration any one or more of the factors set
  forth in paragraph (a) of subdivision six of this section; and
    (c) the court shall set  forth  the  factors  it  considered  and  the
  reasons  for  its  decision  in writing or on the record. Such decision,
  whether in writing or on the record, may not be waived by  either  party
  or counsel.
    5. Notwithstanding the provisions of this section, where the guideline
  amount  of  spousal  support  would  reduce the payor's income below the
  self-support reserve for  a  single  person,  the  guideline  amount  of
  spousal  support  shall be the difference between the payor's income and
  the  self-support  reserve.  If  the  payor's  income   is   below   the
  self-support  reserve,  there  shall be a rebuttable presumption that no
  spousal support is awarded.
    6. (a) The court shall order the guideline amount of  spousal  support
  up  to  the  cap  in  accordance with subdivision three of this section,
  unless the court finds that the guideline amount of spousal  support  is
  unjust or inappropriate, which finding shall be based upon consideration
  of  any  one or more of the following factors, and adjusts the guideline
  amount of spousal support accordingly based upon  consideration  of  the
  following factors:
    (1) the age and health of the parties;
    (2) the present or future earning capacity of the parties, including a
  history of limited participation in the workforce;
    (3) the need of one party to incur education or training expenses;
    (4)  the  termination  of a child support award during the pendency of
  the spousal support award when the calculation of  spousal  support  was
  based  upon  child  support  being  awarded  which resulted in a spousal
  support award lower than it would have been had child support  not  been
  awarded;
    (5)  the wasteful dissipation of marital property, including transfers
  or encumbrances made in contemplation of a  support  proceeding  without
  fair consideration;
    (6)  the  existence and duration of a pre-marital joint household or a
  pre-support proceedings separate household;
    (7) acts by one party against another that have inhibited or  continue
  to  inhibit  a  party's earning capacity or ability to obtain meaningful
  employment. Such acts include but are not limited to  acts  of  domestic
  violence  as provided in section four hundred fifty-nine-a of the social
  services law;
    (8) the availability and cost of medical insurance for the parties;
    (9) the care of children or stepchildren, disabled adult  children  or
  stepchildren,  elderly  parents  or in-laws provided during the marriage
  that inhibits a party's earning capacity;
    (10) the tax consequences to each party;
    (11) the standard of living of  the  parties  established  during  the
  marriage;
    (12)  the reduced or lost earning capacity of the payee as a result of
  having forgone or delayed  education,  training,  employment  or  career
  opportunities during the marriage;
    (13)  the contributions and services of the payee as a spouse, parent,
  wage earner and homemaker and to the career or career potential  of  the
  other party;
    (14)  any other factor which the court shall expressly find to be just
  and proper.
    (b) Where the court finds that the guideline amount of spousal support
  is unjust or inappropriate and the court adjusts the guideline amount of
  spousal support pursuant to this subdivision, the court shall set forth,
  in a written decision or on the record, the guideline amount of  spousal
  support,  the  factors  it  considered,  and  the reasons that the court
  adjusted the guideline amount of spousal support. Such decision, whether
  in writing or on the record, shall not be  waived  by  either  party  or
  counsel.
    (c)  Where  either  or both parties are unrepresented, the court shall
  not  enter  a  spousal  support  order  unless  the  court  informs  the
  unrepresented  party  or  parties  of  the  guideline  amount of spousal
  support.
    7. When a party has defaulted and/or the court makes a finding at  the
  time  of  trial  that  it  was  presented  with insufficient evidence to
  determine income, the court shall order the spousal support award  based
  upon  the  needs  of  the payee or the standard of living of the parties
  prior to commencement of the spousal support  proceeding,  whichever  is
  greater.  Such  order  may  be  retroactively  modified upward without a
  showing of change in circumstances upon a showing of  substantial  newly
  discovered evidence.
    8. In any action or proceeding for modification of an order of spousal
  support  existing prior to the effective date of the chapter of the laws
  of two thousand fifteen which amended this section, brought pursuant  to
  this  article,  the spousal support guidelines set forth in this section
  shall  not  constitute a change of circumstances warranting modification
  of such spousal support order.
    9. In any action or proceeding for modification where spousal  support
  or  maintenance  was  established  in  a written agreement providing for
  spousal support made pursuant to section  four  hundred  twenty-five  of
  this  article or made pursuant to subdivision three of part B of section
  two hundred thirty-six of the domestic relations law entered into  prior
  to the effective date of the chapter of the laws of two thousand fifteen
  which  amended  this  section,  brought  pursuant  to  this article, the
  spousal  support  guidelines  set  forth  in  this  section  shall   not
  constitute  a  change  of  circumstances warranting modification of such
  spousal support order.
    10. The court may modify an order of spousal support upon a showing of
  a substantial change in circumstances. Unless so modified, any order for
  spousal support issued pursuant to this section shall continue until the
  earliest to occur of the following:
    (a) a written stipulation or agreement between the parties;
    (b) an oral stipulation or agreement between the parties entered  into
  on the record in open court;
    (c)  issuance of a judgment of divorce or other order in a matrimonial
  proceeding;
    (d) the death of either party.
    * NB Effective January 23, 2016

  S 413. Parents'  duty to support child. 1. (a) Except as provided in
  subdivision two of this section, the parents of a child under the age of
  twenty-one years are chargeable with the support of such child  and,  if
  possessed  of  sufficient  means  or  able  to earn such means, shall be
  required to pay for child support a fair and reasonable sum as the court
  may determine. The court shall make its award for child support pursuant
  to the provisions of this subdivision.  The  court  may  vary  from  the
  amount  of  the  basic  child  support obligation determined pursuant to
  paragraph (c) of this subdivision only in accordance with paragraph  (f)
  of this subdivision.
    (b)  For purposes of this subdivision, the following definitions shall
  be used:
    (1) "Basic child support obligation" shall mean  the  sum  derived  by
  adding  the  amounts  determined by the application of subparagraphs two
  and three of paragraph (c)  of  this  subdivision  except  as  increased
  pursuant to subparagraphs four, five, six and seven of such paragraph.
    (2)  "Child  support"  shall  mean  a sum to be paid pursuant to court
  order or decree by either  or  both  parents  or  pursuant  to  a  valid
  agreement between the parties for care, maintenance and education of any
  unemancipated child under the age of twenty-one years.
    (3) "Child support percentage" shall mean:
    (i) seventeen percent of the combined parental income for one child;
    (ii)  twenty-five  percent  of  the  combined  parental income for two
  children;
    (iii) twenty-nine percent of the combined parental  income  for  three
  children;
    (iv)  thirty-one  percent  of  the  combined  parental income for four
  children; and
    (v) no less than thirty-five percent of the combined  parental  income
  for five or more children.
    (4)  "Combined  parental  income"  shall mean the sum of the income of
  both parents.
    (5) "Income" shall mean, but shall not be limited to, the sum  of  the
  amounts determined by the application of clauses (i), (ii), (iii), (iv),
  (v)  and  (vi)  of this subparagraph reduced by the amount determined by
  the application of clause (vii) of this subparagraph:
    (i) gross (total) income as should have been or should be reported  in
  the  most  recent  federal  income  tax  return.  If an individual files
  his/her federal income tax return as a married  person  filing  jointly,
  such  person shall be required to prepare a form, sworn to under penalty
  of law, disclosing his/her gross income individually;
    (ii) to the extent not already included in gross income in clause  (i)
  of  this  subparagraph,  investment  income  reduced by sums expended in
  connection with such investment;
    (iii) to the extent not already included in gross  income  in  clauses
  (i)  and (ii) of this subparagraph, the amount of income or compensation
  voluntarily deferred and income received, if  any,  from  the  following
  sources:
    (A) workers' compensation,
    (B) disability benefits,
    (C) unemployment insurance benefits,
    (D) social security benefits,
    (E) veterans benefits,
    (F) pensions and retirement benefits,
    * (G) fellowships and stipends, and
    * NB Effective until January 24, 2016
    * (G) fellowships and stipends,
    * NB Effective January 24, 2016
    * (H) annuity payments;
    * NB Effective until January 24, 2016
    * (H) annuity payments, and
    * NB Effective January 24, 2016
    *  (I)  alimony or maintenance actually paid or to be paid to a spouse
  who is a party to the instant action pursuant to an existing court order
  or contained in the order to be entered by the court, or pursuant  to  a
  validly  executed  written  agreement,  in  which  event  the  order  or
  agreement shall provide for a specific adjustment,  in  accordance  with
  this  subdivision,  in  the  amount  of  child  support payable upon the
  termination of alimony or maintenance to such spouse; provided, however,
  that the specific adjustment in the amount of child support  is  without
  prejudice  to  either party's right to seek a modification in accordance
  with subdivision  three  of  section  four  hundred  fifty-one  of  this
  article. In an action or proceeding to modify an order of child support,
  including  an  order  incorporating without merging an agreement, issued
  prior to the effective date of this subclause, the  provisions  of  this
  subclause  shall  not, by themselves, constitute a substantial change of
  circumstances pursuant to paragraph (a) of subdivision three of  section
  four hundred fifty-one of this article.
    * NB Effective January 24, 2016
    (iv) at the discretion of the court, the court may attribute or impute
  income  from,  such  other  resources as may be available to the parent,
  including, but not limited to:
    (A) non-income producing assets,
    (B) meals, lodging, memberships, automobiles or other perquisites that
  are provided as part of compensation for employment to the  extent  that
  such  perquisites  constitute  expenditures  for  personal use, or which
  expenditures directly or indirecly confer personal economic benefits,
    (C) fringe benefits provided as part of compensation  for  employment,
  and
    (D) money, goods, or services provided by relatives and friends;
    (v)  an  amount  imputed  as  income  based  upon  the parent's former
  resources or income, if the court determines that a parent  has  reduced
  resources  or income in order to reduce or avoid the parent's obligation
  for child support;
    (vi) to the extent not already included in gross income in clauses (i)
  and (ii) of this subparagraph, the following self-employment  deductions
  attributable to self-employment carried on by the taxpayer:
    (A) any depreciation deduction greater than depreciation calculated on
  a  straight-line basis for the purpose of determining business income or
  investment credits, and
    (B) entertainment and travel allowances deducted from business  income
  to the extent said allowances reduce personal expenditures;
    (vii)  the  following  shall be deducted from income prior to applying
  the provisions of paragraph (c) of this subdivision:
    (A) unreimbursed employee business expenses except to the extent  said
  expenses reduce personal expenditures,
    (B)  alimony  or  maintenance actually paid to a spouse not a party to
  the instant action pursuant to court order or validly  executed  written
  agreement,
    *  (C)  alimony or maintenance actually paid or to be paid to a spouse
  that is a party to the instant action  pursuant  to  an  existing  court
  order  or contained in the order to be entered by the court, or pursuant
  to a validly executed written agreement, provided the order or agreement
  provides for a specific adjustment, in accordance with this subdivision,
  in the amount of child support payable upon the termination  of  alimony
  or maintenance to such spouse,
    * NB Effective until January 24, 2016
    *  (C)  alimony or maintenance actually paid or to be paid to a spouse
  who is a party to the instant action pursuant to an existing court order
  or contained in the order to be entered by the court, or pursuant  to  a
  validly  executed  written  agreement,  in  which  event  the  order  or
  agreement shall provide for a specific adjustment,  in  accordance  with
  this  subdivision,  in  the  amount  of  child  support payable upon the
  termination of alimony or maintenance to such spouse; provided, however,
  that the specific adjustment in the amount of child support  is  without
  prejudice  to  either party's right to seek a modification in accordance
  with subdivision  three  of  section  four  hundred  fifty-one  of  this
  article. In an action or proceeding to modify an order of child support,
  including  an  order  incorporating without merging an agreement, issued
  prior to the effective date of this subclause, the  provisions  of  this
  subclause  shall  not, by themselves, constitute a substantial change of
  circumstances pursuant to paragraph (a) of subdivision three of  section
  four hundred fifty-one of this article.
    * NB Effective January 24, 2016
    (D)  child  support  actually  paid pursuant to court order or written
  agreement on behalf of any child for whom the parent has a legal duty of
  support and who is not subject to the instant action,
    (E) public assistance,
    (F) supplemental security income,
    (G) New York city or Yonkers income or earnings taxes  actually  paid,
  and
    (H) federal insurance contributions act (FICA) taxes actually paid.
    (6)  "Self-support reserve" shall mean one hundred thirty-five percent
  of the poverty income guidelines amount for a single person as  reported
  by the federal department of health and human services. For the calendar
  year  nineteen  hundred  eighty-nine,  the self-support reserve shall be
  eight thousand sixty-five dollars. On March  first  of  each  year,  the
  self-support  reserve shall be revised to reflect the annual updating of
  the poverty income guidelines as reported by the federal  department  of
  health and human services for a single person household.
    (c)  The  amount  of  the  basic  child  support  obligation  shall be
  determined in accordance with the provision of this paragraph:
    (1) The court shall determine the combined parental income.
    (2) The court shall multiply the combined parental income  up  to  the
  amount  set  forth  in  paragraph  (b) of subdivision two of section one
  hundred eleven-i of the social services law  by  the  appropriate  child
  support  percentage  and  such  amount  shall  be  prorated  in the same
  proportion as each parent's income is to the combined parental income.
    (3) Where the combined parental income exceeds the dollar  amount  set
  forth  in  subparagraph two of this paragraph, the court shall determine
  the amount of child support for the  amount  of  the  combined  parental
  income  in  excess  of  such  dollar amount through consideration of the
  factors set forth in paragraph (f) of this subdivision and/or the  child
  support percentage.
    (4)  Where the custodial parent is working, or receiving elementary or
  secondary education, or higher education or  vocational  training  which
  the  court  determines  will  lead  to employment, and incurs child care
  expenses as a result thereof, the court shall determine reasonable child
  care expenses and such child care expenses,  where  incurred,  shall  be
  prorated  in  the  same  proportion  as  each  parent's income is to the
  combined parental income. Each parent's pro rata share of the child care
  expenses  shall  be  separately  stated  and  added  to   the   sum   of
  subparagraphs two and three of this paragraph.
    (5)  The  court  shall  determine  the  parties' obligation to provide
  health insurance benefits pursuant to section four  hundred  sixteen  of
  this  part  and  to  pay  cash  medical  support  as provided under this
  subparagraph.
    (i)  "Cash  medical support" means an amount ordered to be paid toward
  the cost of health insurance provided by a public entity or by a  parent
  through  an  employer  or  organization,  including  such  employers  or
  organizations which are self insured, or through other available  health
  insurance  or  health  care coverage plans, and/or for other health care
  expenses not covered by insurance.
    (ii) Where health insurance benefits pursuant  to  paragraph  one  and
  subparagraphs  (i)  and  (ii)  of  paragraph  two  of subdivision (e) of
  section four hundred sixteen of this part are determined by the court to
  be available, the cost of providing health insurance benefits  shall  be
  prorated  between  the  parties  in the same proportion as each parent's
  income is to the combined parental income. If the  custodial  parent  is
  ordered  to  provide  such benefits, the non-custodial parent's pro rata
  share of such costs shall be added to the basic support  obligation.  If
  the  non-custodial  parent  is  ordered  to  provide  such benefits, the
  custodial parent's pro rata share of such costs shall be  deducted  from
  the basic support obligation.
    (iii)  Where  health  insurance benefits pursuant to paragraph one and
  subparagraphs (i) and (ii)  of  paragraph  two  of  subdivision  (e)  of
  section four hundred sixteen of this part are determined by the court to
  be  unavailable,  if  the  child or children are determined eligible for
  coverage under the medical assistance program  established  pursuant  to
  title eleven of article five of the social services law, the court shall
  order the non-custodial parent to pay cash medical support as follows:
    (A)  In  the  case  of a child or children authorized for managed care
  coverage under the medical assistance program, the lesser of the  amount
  that  would be required as a family contribution under the state's child
  health insurance plan pursuant to title one-A of article twenty-five  of
  the  public  health  law  for  the  child  or children if they were in a
  two-parent household with income equal to the  combined  income  of  the
  non-custodial  and  custodial parents or the premium paid by the medical
  assistance program on behalf of the child or  children  to  the  managed
  care  plan.  The court shall separately state the non-custodial parent's
  monthly obligation. The  non-custodial  parent's  cash  medical  support
  obligation under this clause shall not exceed five percent of his or her
  gross  income,  or  the  difference  between  the non-custodial parent's
  income and the self-support reserve, whichever is less.
    (B) In the case of a child or children authorized for  fee-for-service
  coverage  under  the  medical  assistance  program other than a child or
  children described in item (A) of this clause, the court shall determine
  the  non-custodial  parent's  maximum  annual   cash   medical   support
  obligation,  which  shall  be  equal to the lesser of the monthly amount
  that would be required as a family contribution under the state's  child
  health  insurance plan pursuant to title one-A of article twenty-five of
  the public health law for the child  or  children  if  they  were  in  a
  two-parent  household  with  income  equal to the combined income of the
  non-custodial and custodial parents times twelve months or the number of
  months that the child or children  are  authorized  for  fee-for-service
  coverage  during any year. The court shall separately state in the order
  the  non-custodial  parent's  maximum  annual   cash   medical   support
  obligation  and,  upon proof to the court that the non-custodial parent,
  after notice of the amount due, has failed to pay the public entity  for
  incurred  health  care expenses, the court shall order the non-custodial
  parent to pay such incurred health  care  expenses  up  to  the  maximum
  annual  cash  medical  support obligation. Such amounts shall be support
  arrears/past due support  and  shall  be  subject  to  any  remedies  as
  provided by law for the enforcement of support arrears/past due support.
  The  total annual amount that the non-custodial parent is ordered to pay
  under this clause shall not exceed five percent  of  his  or  her  gross
  income  or  the difference between the non-custodial parent's income and
  the self-support reserve, whichever is less.
    (C) The court shall order cash medical  support  to  be  paid  by  the
  non-custodial  parent  for health care expenses of the child or children
  paid by the medical assistance program prior  to  the  issuance  of  the
  court's  order.  The  amount  of  such  support  shall  be calculated as
  provided under item (A) or (B) of this clause, provided that the  amount
  that  the  non-custodial  parent is ordered to pay under this item shall
  not exceed five percent of his or her gross  income  or  the  difference
  between  the non-custodial parent's income and the self-support reserve,
  whichever is less, for the year when  the  expense  was  incurred.  Such
  amounts  shall  be support arrears/past due support and shall be subject
  to any remedies as provided  by  law  for  the  enforcement  of  support
  arrears/past due support.
    (iv)  Where  health  insurance  benefits pursuant to paragraph one and
  subparagraphs (i) and (ii)  of  paragraph  two  of  subdivision  (e)  of
  section four hundred sixteen of this part are determined by the court to
  be  unavailable,  and  the child or children are determined eligible for
  coverage under the state's child health insurance plan pursuant to title
  one-A of article twenty-five of the public health law, the  court  shall
  prorate  each  parent's  share  of  the  cost of the family contribution
  required under such child health insurance plan in the  same  proportion
  as  each  parent's  income is to the combined parental income, and state
  the amount of the non-custodial parent's share in the order.  The  total
  amount  of cash medical support that the non-custodial parent is ordered
  to pay under this clause shall not exceed five percent  of  his  or  her
  gross  income,  or  the  difference  between  the non-custodial parent's
  income and the self-support reserve, whichever is less.
    (v) In addition to the amounts ordered under clause  (ii),  (iii),  or
  (iv)  of this subparagraph, the court shall pro rate each parent's share
  of reasonable health care expenses not reimbursed or paid by  insurance,
  the  medical  assistance program established pursuant to title eleven of
  article five of the social services law, or  the  state's  child  health
  insurance  plan  pursuant  to  title one-A of article twenty-five of the
  public health law, in the same proportion as each parent's income is  to
  the combined parental income, and state the non-custodial parent's share
  as  a percentage in the order. The non-custodial parent's pro rata share
  of such health care expenses determined by the court to be due and owing
  shall be support arrears/past due support and shall be  subject  to  any
  remedies provided by law for the enforcement of support arrears/past due
  support.  In  addition,  the  court  may  direct  that the non-custodial
  parent's pro rata share of such health care expenses be paid in one  sum
  or  in  periodic  sums,  including  direct  payment  to  the health care
  provider.
    (vi) Upon proof by either party that cash medical support pursuant  to
  clause  (ii), (iii), (iv) or (v) of this subparagraph would be unjust or
  inappropriate pursuant to paragraph  (f)  of  subdivision  one  of  this
  section, the court shall:
    (A)  order  the parties to pay cash medical support as the court finds
  just and appropriate, considering the best interests of the child; and
    (B) set forth in the order  the  factors  it  considered,  the  amount
  calculated  under this subparagraph, the reason or reasons the court did
  not order such amount, and the basis for the amount awarded.
    (6) Where the court determines that the custodial  parent  is  seeking
  work  and  incurs child care expenses as a result thereof, the court may
  determine reasonable child care expenses  and  may  apportion  the  same
  between  the  custodial  and  non-custodial  parent.  The  non-custodial
  parent's share of such expenses shall be separately stated and paid in a
  manner determined by the court.
    (7) Where the court determines, having regard for the circumstances of
  the  case and of the respective parties and in the best interests of the
  child, and as justice requires, that the present or future provision  of
  post-secondary, private, special, or enriched education for the child is
  appropriate, the court may award educational expenses. The non-custodial
  parent   shall  pay  educational  expenses,  as  awarded,  in  a  manner
  determined by the court, including direct  payment  to  the  educational
  provider.
    (d)   Notwithstanding   the   provisions  of  paragraph  (c)  of  this
  subdivision,  where  the  annual  amount  of  the  basic  child  support
  obligation  would  reduce  the  non-custodial  parent's income below the
  poverty income guidelines amount for a single person as reported by  the
  federal department of health and human services, the basic child support
  obligation  shall  be  twenty-five dollars per month; provided, however,
  that if the court finds that such  basic  child  support  obligation  is
  unjust   or   inappropriate,   which   finding   shall   be  based  upon
  considerations of the  factors  set  forth  in  paragraph  (f)  of  this
  subdivision,  then the court shall order the non-custodial parent to pay
  such  amount  of  the  child  support  as  the  court  finds  just   and
  appropriate.  Notwithstanding  the  provisions  of paragraph (c) of this
  subdivision,  where  the  annual  amount  of  the  basic  child  support
  obligation  would  reduce  the  non-custodial  parent's income below the
  self-support reserve but not below the poverty income guidelines  amount
  for  a single person as reported by the federal department of health and
  human services, the  basic  child  support  obligation  shall  be  fifty
  dollars  per  month or the difference between the non-custodial parent's
  income and the self-support reserve, whichever is greater,  in  addition
  to  any  amounts  that  the  court  may,  in  its  discretion,  order in
  accordance with subparagraphs four, five, six and/or seven of  paragraph
  (c) of this subdivision.
    (e)  Where  a  parent  is  or may be entitled to receive non-recurring
  payments from extraordinary sources not otherwise considered  as  income
  pursuant to this section, including but not limited to:
    (1) Life insurance policies;
    (2) Discharges of indebtedness;
    (3) Recovery of bad debts and delinquency amounts;
    (4) Gifts and inheritances; and
    (5) Lottery winnings,
  the  court,  in  accordance  with  paragraphs  (c),  (d) and (f) of this
  subdivision may allocate a proportion of the same to child support,  and
  such amount shall be paid in a manner determined by the court.
    (f)  The court shall calculate the basic child support obligation, and
  the non-custodial parent's pro rata share of  the  basic  child  support
  obligation.  Unless  the  court  finds  that the non-custodial parents's
  pro-rata share of the  basic  child  support  obligation  is  unjust  or
  inappropriate,  which  finding  shall be based upon consideration of the
  following factors:
    (1) The financial resources of the custodial and non-custodial parent,
  and those of the child;
    (2) The physical and emotional health of the child and his/her special
  needs and aptitudes;
    (3) The standard of living  the  child  would  have  enjoyed  had  the
  marriage or household not been dissolved;
    (4) The tax consequences to the parties;
    (5)  The  non-monetary contributions that the parents will make toward
  the care and well-being of the child;
    (6) The educational needs of either parent;
    (7)  A  determination  that  the  gross  income  of  one   parent   is
  substantially less than the other parent's gross income;
    (8) The needs of the children of the non-custodial parent for whom the
  non-custodial  parent  is  providing  support who are not subject to the
  instant action and whose support  has  not  been  deducted  from  income
  pursuant  to  subclause  (D)  of  clause  (vii)  of subparagraph five of
  paragraph (b) of this subdivision, and the financial  resources  of  any
  person  obligated to support such children, provided, however, that this
  factor may apply  only  if  the  resources  available  to  support  such
  children  are  less than the resources available to support the children
  who are subject to the instant action;
    (9)  Provided  that  the  child  is  not  on  public  assistance   (i)
  extraordinary   expenses   incurred   by  the  non-custodial  parent  in
  exercising visitation, or (ii) expenses incurred  by  the  non-custodial
  parent  in  extended  visitation  provided  that  the custodial parent's
  expenses are substantially reduced as a result thereof; and
    (10) Any other factors the court determines are relevant in each case,
  the court shall order the non-custodial parent to pay  his  or  her  pro
  rata  share  of  the  basic  child support obligation, and may order the
  non-custodial parent to pay an amount pursuant to paragraph (e) of  this
  subdivision.
    (g)  Where  the  court  finds that the non-custodial parent's pro rata
  share of the basic child support obligation is unjust or  inappropriate,
  the  court  shall  order  the non-custodial parent to pay such amount of
  child support as the court finds just and  appropriate,  and  the  court
  shall  set  forth,  in  a  written order, the factors it considered; the
  amount of each party's  pro  rata  share  of  the  basic  child  support
  obligation; and the reasons that the court did not order the basic child
  support obligation. Such written order may not be waived by either party
  or  counsel;  provided, however, and notwithstanding any other provision
  of law, including but not limited to section  four  hundred  fifteen  of
  this  part, the court shall not find that the non-custodial parent's pro
  rata share of such obligation is unjust or inappropriate  on  the  basis
  that  such  share exceeds the portion of a public assistance grant which
  is attributable to a child or children. Where the non-custodial parent's
  income is less than or equal to the poverty income guidelines amount for
  a single person as reported by the  federal  department  of  health  and
  human  services,  unpaid child support arrears in excess of five hundred
  dollars shall not accrue.
    (h) A validly executed agreement or  stipulation  voluntarily  entered
  into  between  the  parties after the effective date of this subdivision
  presented to the court for incorporation in an order or  judgment  shall
  include  a  provision  stating that the parties have been advised of the
  provisions  of  this  subdivision  and  that  the  basic  child  support
  obligation  provided  for  therein  would  presumptively  result  in the
  correct amount of child support to be awarded. In the  event  that  such
  agreement   or   stipulation  deviates  from  the  basic  child  support
  obligation, the agreement or stipulation must specify  the  amount  that
  such  basic  child  support obligation would have been and the reason or
  reasons that such agreement or stipulation does not provide for  payment
  of  that  amount.  Such  provision  may not be waived by either party or
  counsel. Nothing contained in this subdivision  shall  be  construed  to
  alter  the  rights  of  the  parties  to  voluntarily enter into validly
  executed agreements or stipulations which deviate from the  basic  child
  support  obligation provided such agreements or stipulations comply with
  the  provisions  of  this  paragraph.  The  court shall, however, retain
  discretion with respect to child support pursuant to this  section.  Any
  court  order  or  judgment incorporating a validly executed agreement or
  stipulation which deviates from the basic child support obligation shall
  set forth the court's reasons for such deviation.
    (i) Where either or both parties are unrepresented,  the  court  shall
  not  enter an order or judgment other than a temporary order pursuant to
  section two hundred thirty-seven of the  domestic  relations  law,  that
  includes a provision for child support unless the unrepresented party or
  parties  have  received  a  copy  of  the  child support standards chart
  promulgated  by  the  commissioner  of  the  office  of  temporary   and
  disability assistance pursuant to subdivision two of section one hundred
  eleven-i of the social services law. Where either party is in receipt of
  child  support  enforcement  services  through the local social services
  district, the local social services district child  support  enforcement
  unit  shall  advise such party of the amount derived from application of
  the child support percentage and that such amount serves as  a  starting
  point  for  the  determination  of  the  child  support award, and shall
  provide such party with a copy of the child support standards chart.
    (j) In addition to  financial  disclosure  required  in  section  four
  hundred  twenty-four-a  of  this article, the court may require that the
  income and/or expenses of either party be  verified  with  documentation
  including,  but  not  limited  to,  past and present income tax returns,
  employer statements, pay  stubs,  corporate,  business,  or  partnership
  books  and records, corporate and business tax returns, and receipts for
  expenses or such other means of verification  as  the  court  determines
  appropriate.  Nothing  herein  shall  affect any party's right to pursue
  discovery pursuant to this chapter, the civil practice law and rules, or
  the family court act.
    (k) When a party has defaulted and/or the court is otherwise presented
  with insufficient evidence to determine gross income,  the  court  shall
  order  child  support  based upon the needs or standard of living of the
  child, whichever is greater. Such order may  be  retroactively  modified
  upward, without a showing of change in circumstances.
    (l)  In any action or proceeding for modification of an order of child
  support  existing prior to the effective date of this paragraph, brought
  pursuant to this article, the  child  support  standards  set  forth  in
  paragraphs  (a)  through  (k)  of  this subdivision shall not constitute
  grounds for modification of such support order; provided, however,  that
  (1)  where  the circumstances warrant modification of such order, or (2)
  where any party objects to an  adjusted  child  support  order  made  or
  proposed  at  the  direction  of the support collection unit pursuant to
  section one hundred eleven-h or  one  hundred  eleven-n  of  the  social
  services  law,  and  the  court  is reviewing the current order of child
  support,  such  standards  shall  be  applied  by  the  court   in   its
  determination with regard to the request for modification or disposition
  of an objection to an adjusted child support order made or proposed by a
  support  collection  unit. In applying such standards, when the order to
  be modified incorporates by reference or merges with a validly  executed
  separation  agreement  or  stipulation  of  settlement,  the  court  may
  consider, in addition to the factors set forth in paragraph (f) of  this
  subdivision,  the provisions of such agreement or stipulation concerning
  property  distribution,  distributive  award   and/or   maintenance   in
  determining  whether  the amount calculated by using the standards would
  be unjust or inappropriate.
    2. Nothing in this article shall impose any liability upon a person to
  support the adopted child of his  or  her  spouse,  if  such  child  was
  adopted  after the adopting spouse is living separate and apart from the
  non-adopting  spouse  pursuant  to  a  legally  recognizable  separation
  agreement  or  decree  under  the domestic relations law. Such liability
  shall not be imposed for so long as  the  spouses  remain  separate  and
  apart after the adoption.
    3.  a.  One-time  adjustment  of  child support orders issued prior to
  September fifteenth, nineteen hundred eighty-nine. Any party to a  child
  support  order  issued  prior  to  September fifteenth, nineteen hundred
  eighty-nine on the behalf of a child in receipt of public assistance  or
  child  support  services pursuant to section one hundred eleven-g of the
  social services  law  may  request  that  the  support  collection  unit
  undertake  one  review  of the order for adjustment purposes pursuant to
  section one hundred eleven-h of the social services law.  A  hearing  on
  the  adjustment  of  such  order  shall be granted upon the objection of
  either party pursuant to the provisions of this section. An order  shall
  be adjusted if as of the date of the support collection unit's review of
  the  correct  amount  of  child  support  as  calculated pursuant to the
  provisions of this section would deviate by at least  ten  percent  from
  the  child  support  ordered  in the last permanent support order of the
  court. Additionally, a new support order shall be issued upon a  showing
  that  the  current order of support does not provide for the health care
  needs of the child through insurance or otherwise.  Eligibility  of  the
  child  for  medical  assistance  shall  not  relieve  any obligation the
  parties otherwise have to provide for  the  health  care  needs  of  the
  child.  The  support  collection  unit's review of a child support order
  shall be made on notice to all parties to the current support order  and
  shall be subject to the provisions of section four hundred twenty-four-a
  of  this  article.  Nothing  herein shall be deemed in any way to limit,
  restrict, expand or impair the  rights  of  any  party  to  file  for  a
  modification of a child support order as is otherwise provided by law.
    b.  Upon  receipt  of  an  adjustment  finding and where appropriate a
  proposed order in conformity with such finding filed by either party  or
  by the support collection unit, a party shall have thirty-five days from
  the  date  of  mailing  of  the adjustment finding and proposed adjusted
  order, if any, to  submit  to  the  court  identified  thereon  specific
  written objections to such finding and proposed order.
    (1) If specific written objections are submitted by either party or by
  the  support  collection unit, a hearing shall be scheduled by the court
  on notice to the parties and the support collection unit, who shall have
  the right to be heard by the court and to offer evidence in  support  of
  or in opposition to adjustment of the support order.
    (2)  The  party  filing the specific written objections shall bear the
  burden of going forward and the burden of proof; provided, however, that
  if the support collection unit has failed to provide  the  documentation
  and  information required by subdivision fourteen of section one hundred
  eleven-h of the social services law, the court shall first  require  the
  support collection unit to furnish such documents and information to the
  parties and the court.
    (3)  If  the  court  finds by a preponderance of the evidence that the
  specific  written  objections  have  been  proven,   the   court   shall
  recalculate  or readjust the proposed adjusted order accordingly or, for
  good cause, shall remand the order to the support  collection  unit  for
  submission  of  a  new  proposed adjusted order. Any readjusted order so
  issued by the court  or  resubmitted  by  the  support  collection  unit
  following  remand  by  the  court  shall be effective as of the date the
  proposed adjusted  order  would  have  been  effective  had  no  written
  objections been filed.
    (4)  If  the court finds that the specific written objections have not
  been proven  by  a  preponderance  of  the  evidence,  the  court  shall
  immediately issue the adjusted order, which shall be effective as of the
  date  the order would have been effective had no written objections been
  filed.
    (5) If the determination of the specific written objections  has  been
  made  by  a  family  court  support  magistrate,  the  parties  shall be
  permitted to obtain judicial review  of  such  determination  by  filing
  timely  written  objections  pursuant to subdivision (e) of section four
  hundred thirty-nine of this act.
    (6) If the court  receives  no  specific  written  objections  to  the
  support  order  within  thirty-five  days of the mailing of the proposed
  order, the clerk of the court shall immediately issue the order  without
  any  further review, modification, or other prior action by the court or
  any judge or support magistrate thereof, and the clerk shall immediately
  transmit copies of the order of  support  to  the  parties  and  to  the
  support collection unit.
    c.  A  motion  to vacate an order of support adjusted pursuant to this
  section may be made no later than  forty-five  days  after  an  adjusted
  support  order  is  executed  by  the  court  where  no specific written
  objections to the proposed order have been timely received by the court.
  Such motion shall be granted only upon  a  determination  by  the  court
  issuing  such  order  that personal jurisdiction was not timely obtained
  over the moving party.
    4. On-going cost of living adjustment of child support  orders  issued
  prior to September fifteenth, nineteen hundred eighty-nine. Any party to
  a  child  support  order  issued  prior to September fifteenth, nineteen
  hundred eighty-nine on the behalf  of  a  child  in  receipt  of  public
  assistance  or  child  support  services pursuant to section one hundred
  eleven-g of the  social  services  law  may  request  that  the  support
  collection  unit  review  the  order  for a cost of living adjustment in
  accordance with the provisions of section  four  hundred  thirteen-a  of
  this article.

  S 413-a. Review and cost of living adjustment of child support orders.
  1.  Request.  Any  party  to a child support order issued on behalf of a
  child in receipt of public  assistance,  or  child  support  enforcement
  services pursuant to section one hundred eleven-g of the social services
  law,  may  request that the support collection unit review the order for
  cost of living adjustment  purposes  pursuant  to  section  one  hundred
  eleven-n of the social services law.
    2.  Adjustment  process. (a) A cost of living adjustment shall be made
  by the support collection unit with respect to an order of support under
  review if the sum of the annual average changes of  the  consumer  price
  index  for  all  urban  consumers  (CPI-U), as published annually by the
  United States department of labor bureau of  labor  statistics,  is  ten
  percent or greater.
    (b)   The  cost  of  living  adjustment  and  adjusted  child  support
  obligation amount as calculated by the review shall be reflected on  the
  adjusted  order  issued by the support collection unit and mailed to the
  parties by  first  class  mail.  The  child  support  obligation  amount
  contained  in  the adjusted order shall be 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.
    (c) The support collection unit shall provide a copy of  the  adjusted
  order  to the court which issued the most recent order of support, which
  shall append it to the order.
    3. Objection process. (a) An objection to a cost of living adjustment,
  as reflected in an adjusted order issued by a support  collection  unit,
  may be made to the court by either party to the order, or by the support
  collection  unit,  and shall be submitted to the court in writing within
  thirty-five days from the date of mailing of the adjusted order. A  copy
  of the written objection shall be provided by the objecting party to the
  other party and to the support collection unit.
    (b)  Where  such  objections  are  timely  filed,  the  cost of living
  adjustment shall not take effect, and a hearing  on  the  adjustment  of
  such  order shall be granted pursuant to the provisions of this section,
  which shall result in either:
    (1) the issuance by the court of a new order of support in  accordance
  with  the  child  support standards as set forth in section four hundred
  thirteen of this article; or
    (2) where application of the child support standards as set  forth  in
  section four hundred thirteen of this article results in a determination
  that no adjustment is appropriate, an order of no adjustment.
    (c)  Any  order  of support made by the court under this section shall
  occur without the requirement for  proof  or  showing  of  a  change  in
  circumstances.
    (d)  The court shall conduct the hearing and make its determination no
  later than forty-five days from the date it receives  an  objection.  If
  the  order  under  review does not provide for health insurance benefits
  for the child, the court  shall  make  a  determination  regarding  such
  benefits  pursuant  to  section  four  hundred sixteen of this part. The
  clerk of the court shall immediately transmit copies  of  the  order  of
  support  or  order of no adjustment issued by the court pursuant to this
  subdivision to the parties and the  support  collection  unit.  Where  a
  hearing results in the issuance of a new order of support, the effective
  date  of  the  court order shall be the earlier of the date of the court
  determination or the date the cost of living adjustment would have  been
  effective had it not been challenged.
    (e)  Where  no  objection  has  been timely raised to a cost of living
  adjustment as reflected in an  adjusted  order,  such  adjustment  shall
  become final without further review by the court or any judge or support
  magistrate thereof.
    4.  Modification  of orders. Nothing herein shall be deemed in any way
  to limit, restrict, expand or impair the rights of any party to file for
  a modification of a child support order as is otherwise provided by law.
    5. Notice. Parties eligible for adjustment  of  child  support  orders
  shall receive notice of the right to review such orders as follows:
    (a)  All  applications or motions by the support collection unit or by
  persons  seeking  support  enforcement  services  through  the   support
  collection   unit  for  the  establishment,  modification,  enforcement,
  violation or adjustment of child support orders shall on their  face  in
  conspicuous type state:
    NOTE:  (1)  A  COURT  ORDER  OF  SUPPORT  RESULTING  FROM A PROCEEDING
  COMMENCED BY THIS  APPLICATION  (PETITION)  SHALL  BE  ADJUSTED  BY  THE
  APPLICATION  OF  A  COST  OF  LIVING  ADJUSTMENT AT THE DIRECTION OF THE
  SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR  MONTHS  AFTER  SUCH
  ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY
  PARTY  TO  THE  ORDER  OR  PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF
  LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT
  TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO  BE  HEARD  BY
  THE  COURT  AND  TO  PRESENT  EVIDENCE  WHICH THE COURT WILL CONSIDER IN
  ADJUSTING THE CHILD  SUPPORT  ORDER  IN  ACCORDANCE  WITH  SECTION  FOUR
  HUNDRED  THIRTEEN  OF  THE  FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT
  STANDARDS ACT.
    (2) A PARTY  SEEKING  SUPPORT  FOR  ANY  CHILD(REN)  RECEIVING  FAMILY
  ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE
  DIRECTION  OF  THE  SUPPORT  COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR
  MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE
  SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY  PARTY.  ALL
  PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.
    (3)  WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE
  SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED  BY  SECTION
  FOUR  HUNDRED  FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED
  ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL
  BECOME DUE AND OWING ON THE DATE THE FIRST  PAYMENT  IS  DUE  UNDER  THE
  TERMS  OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING
  ON OR AFTER THE EFFECTIVE DATE OF  THE  ADJUSTED  ORDER,  REGARDLESS  OF
  WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.
    (b)  All  court orders of support payable through a support collection
  unit shall on their face in conspicuous type state:
    NOTE: (1) THIS ORDER  OF  CHILD  SUPPORT  SHALL  BE  ADJUSTED  BY  THE
  APPLICATION  OF  A  COST  OF  LIVING  ADJUSTMENT AT THE DIRECTION OF THE
  SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR  MONTHS  AFTER  THIS
  ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY
  PARTY  TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION
  OF A  COST  OF  LIVING  ADJUSTMENT  AT  THE  DIRECTION  OF  THE  SUPPORT
  COLLECTION  UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF
  THEY OBJECT TO THE COST OF LIVING  ADJUSTMENT,  SHALL  HAVE  THIRTY-FIVE
  (35)  DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE
  COURT INDICATED ON SUCH ADJUSTED ORDER. UPON  RECEIPT  OF  SUCH  WRITTEN
  OBJECTION,  THE  COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY
  BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN  ADJUSTING
  THE  CHILD  SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS
  ACT.
    (2) A RECIPIENT OF FAMILY ASSISTANCE  SHALL  HAVE  THE  CHILD  SUPPORT
  ORDER  REVIEWED  AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION
  UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST
  MODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION OF ANY PARTY.  ALL
  PARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS.
    (3)  WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE
  SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED  BY  SECTION
  FOUR  HUNDRED  FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED
  ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL
  BECOME DUE AND OWING ON THE DATE THE FIRST  PAYMENT  IS  DUE  UNDER  THE
  TERMS  OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING
  ON OR AFTER THE EFFECTIVE DATE OF THE ORDER, REGARDLESS  OF  WHETHER  OR
  NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.

  S 415. Duties to support recipient of public assistance or welfare and
  patients  in institutions in the department of mental hygiene. Except as
  otherwise provided by law, the spouse or parent of a recipient of public
  assistance or care or of a person liable to become in need thereof or of
  a patient in an institution in the department of mental hygiene,  if  of
  sufficient  ability,  is  responsible  for the support of such person or
  patient, provided that a  parent  shall  be  responsible  only  for  the
  support  of  his  child  or  children  who  have not attained the age of
  twenty-one years. In its discretion, the  court  may  require  any  such
  person  to  contribute a fair and reasonable sum for the support of such
  relative and may apportion the costs of such support among such  persons
  as  may  be  just and appropriate in view of the needs of the petitioner
  and the other circumstances of the  case  and  their  respective  means.
  Step-parents  shall  in  like  manner  be responsible for the support of
  children under the age of twenty-one years.

  S 416. Elements of support; provisions for accident, life and health
  insurance benefits. (a) The court may include in the requirements for an
  order for support the providing of necessary  shelter,  food,  clothing,
  care,  medical  attention,  expenses  of  confinement,  the  expense  of
  education, payment of funeral expenses, and other proper and  reasonable
  expenses.
    (b)  The court may also order a party to purchase, maintain, or assign
  a policy of accident insurance or insurance on the life of either  party
  and  designate  in  the case of life insurance, the person or persons on
  whose behalf the  petition  is  brought  or  in  the  case  of  accident
  insurance,  the  insured  party  as  irrevocable  beneficiaries during a
  period of time fixed by  the  court.  The  obligation  to  provide  such
  insurance  shall  cease  upon  the  termination  of such party's duty to
  provide support.
    (c) Every support order shall provide that if any legally  responsible
  relative  currently,  or at any time in the future, has health insurance
  benefits available that may be extended or obtained to cover any  person
  on  whose  behalf  the petition is brought, such responsible relative is
  required to exercise the option of additional coverage in favor of  such
  person  whom  he or she is legally responsible to support and to execute
  and deliver to such person any forms, notices, documents, or instruments
  to assure timely payment of any health insurance claims for such person.
    (d) As used in this  section,  the  following  terms  shall  have  the
  following  meanings:  (1) "Health insurance benefits" means any medical,
  dental, optical and prescription drugs and health care services or other
  health care benefits that may be provided for  a  dependent  through  an
  employer  or  organization,  including  such  employers or organizations
  which are self insured, or through other available health  insurance  or
  health care coverage plans.
    (2)  "Available  health insurance benefits" means any health insurance
  benefits that are reasonable in cost and that are reasonably  accessible
  to  the person on whose behalf the petition is brought. Health insurance
  benefits that are not reasonable in  cost  or  whose  services  are  not
  reasonably accessible to such person shall be considered unavailable.
    (3) When the person on whose behalf the petition is brought is a child
  in  accordance  with  subdivision  (e) of this section, health insurance
  benefits shall be considered "reasonable in cost" if the cost of  health
  insurance benefits does not exceed five percent of the combined parental
  gross  income.  The cost of health insurance benefits shall refer to the
  cost of the premium and deductible attributable to adding the  child  or
  children  to  existing coverage or the difference between such costs for
  self-only and family coverage. Provided, however, the  presumption  that
  the  health  insurance  benefits  are reasonable in cost may be rebutted
  upon a finding that the cost is unjust or  inappropriate  which  finding
  shall  be  based  on  the  circumstances  of  the  case,  the  cost  and
  comprehensiveness of the health insurance benefits for which  the  child
  or  children  may  otherwise  be eligible, and the best interests of the
  child or children. In no instance shall  health  insurance  benefits  be
  considered  "reasonable  in  cost"  if  a  parent's share of the cost of
  extending such coverage would reduce the income of that parent below the
  self-support  reserve.  Health  insurance   benefits   are   "reasonably
  accessible" if the child lives within the geographic area covered by the
  plan  or lives within thirty minutes or thirty miles of travel time from
  the child's residence to the services covered by  the  health  insurance
  benefits  or  through  benefits  provided  under a reciprocal agreement;
  provided, however, this presumption may be rebutted for good cause shown
  including, but not limited to, the special health needs  of  the  child.
  The  court  shall set forth such finding and the reasons therefor in the
  order of support.
    (e)  When  the  person  on  whose  behalf the petition is brought is a
  child, the court shall consider the  availability  of  health  insurance
  benefits  to  all  parties and shall take the following action to insure
  that health insurance benefits are  provided  for  the  benefit  of  the
  child:
    (1) Where the child is presently covered by health insurance benefits,
  the  court  shall  direct  in the order of support that such coverage be
  maintained, unless either parent requests the court to make a  direction
  for health insurance benefits coverage pursuant to paragraph two of this
  subdivision.
    (2)  Where  the  child  is  not  presently covered by health insurance
  benefits, the court shall make its determination as follows:
    (i) If only one parent has available health  insurance  benefits,  the
  court  shall  direct  in  the  order of support that such parent provide
  health insurance benefits.
    (ii) If both parents have  available  health  insurance  benefits  the
  court  shall  direct  in the order of support that either parent or both
  parents provide  such  health  insurance.  The  court  shall  make  such
  determination based on the circumstances of the case, including, but not
  limited  to,  the  cost  and  comprehensiveness of the respective health
  insurance benefits and the best interests of the child.
    (iii) If neither parent has available health insurance  benefits,  the
  court  shall  direct  in  the order of support that the custodial parent
  apply for the state's child health  insurance  plan  pursuant  to  title
  one-A  of  article  twenty-five of the public health law and the medical
  assistance program established pursuant to title eleven of article  five
  of  the  social  services law. A direction issued under this subdivision
  shall not limit or alter either parent's  obligation  to  obtain  health
  insurance  benefits  at  such  time as they become available as required
  pursuant to subdivision (c) of this section. Nothing in this subdivision
  shall alter or limit the authority of the medical assistance program  to
  determine  when  it  is considered cost effective to require a custodial
  parent to enroll a child in an available  group  health  insurance  plan
  pursuant  to  paragraphs (b) and (c) of subdivision one of section three
  hundred sixty-seven-a of the social services law.
    (f) The cost of providing health insurance benefits or benefits  under
  the  state's  child  health  insurance  plan  or  the medical assistance
  program, pursuant to subdivision (e) of this section,  shall  be  deemed
  cash  medical  support,  and the court shall determine the obligation of
  either or both parents to contribute to the  cost  thereof  pursuant  to
  subparagraph  five  of  paragraph (c) of subdivision one of section four
  hundred thirteen of this part.
    (g) The court shall provide in the order of support that  the  legally
  responsible  relative  immediately  notify the other party, or the other
  party and the support collection unit when the order is issued on behalf
  of a child in receipt of public assistance and care  or  in  receipt  of
  services pursuant to section one hundred eleven-g of the social services
  law,   of  any  change  in  health  insurance  benefits,  including  any
  termination of benefits, change in the health insurance benefit carrier,
  premium, or extent and availability of existing or new benefits.
    (h) Where the court determines  that  health  insurance  benefits  are
  available,  the  court  shall  provide  in the order of support that the
  legally responsible relative immediately enroll the eligible  dependents
  named  in the order who are otherwise eligible for such benefits without
  regard to any seasonal enrollment restrictions. The support order  shall
  further  direct  the  legally  responsible  relative  to  maintain  such
  benefits as long as they remain available to such relative.  Such  order
  shall  further  direct  the  legally  responsible relative to assign all
  insurance reimbursement payments for health care expenses  incurred  for
  his  or  her eligible dependents to the provider of such services or the
  party  actually  having  incurred  and  satisfied  such   expenses,   as
  appropriate.
    (i)  When the court issues an order of child support or combined child
  and spousal support on behalf of persons in receipt of public assistance
  and care or in receipt of  services  pursuant  to  section  one  hundred
  eleven-g  of  the  social  services law, such order shall further direct
  that the provision of health care benefits shall be immediately enforced
  pursuant to section fifty-two hundred forty-one of  the  civil  practice
  law and rules.
    (j)  When the court issues an order of child support or combined child
  and spousal support on behalf of persons other than those in receipt  of
  public assistance and care or in receipt of services pursuant to section
  one  hundred  eleven-g  of the social services law, the court shall also
  issue a separate order which shall include the  necessary  direction  to
  ensure the order's characterization as a qualified medical child support
  order  as defined by section six hundred nine of the employee retirement
  income security act of 1974 (29 USC 1169). Such order shall: (i) clearly
  state that it creates or recognizes the existence of the  right  of  the
  named  dependent  to  be  enrolled and to receive benefits for which the
  legally responsible relative  is  eligible  under  the  available  group
  health plans, and shall clearly specify the name, social security number
  and  mailing  address  of  the legally responsible relative, and of each
  dependent to be covered by the order; (ii) provide a  clear  description
  of  the type of coverage to be provided by the group health plan to each
  such dependent or the manner in which the type  of  coverage  is  to  be
  determined;  and  (iii)  specify  the  period of time to which the order
  applies. The court shall not require the group health  plan  to  provide
  any  type  or form of benefit or option not otherwise provided under the
  group  health  plan  except  to  the  extent  necessary  to   meet   the
  requirements  of  a  law  relating to medical child support described in
  section one thousand three hundred and ninety-six g-1 of title forty-two
  of the United States code.
    (k) Upon a finding that a legally responsible relative wilfully failed
  to obtain health insurance benefits in violation of a court order,  such
  relative  will  be  presumptively  liable  for  all health care expenses
  incurred  on  behalf  of  such  dependents  from  the  first  date  such
  dependents  were  eligible  to  be  enrolled to receive health insurance
  benefits after the issuance  of  the  order  of  support  directing  the
  acquisition of such coverage.

  S 417. Child  of ceremonial marriage. A child born of parents who at
  any time prior or subsequent to the  birth  of  said  child  shall  have
  entered  into a ceremonial marriage shall be deemed the legitimate child
  of both parents for all purposes  of  this  article  regardless  of  the
  validity of such marriage.

  S 418. Genetic  marker  and  DNA  tests; admissibility of records or
  reports of test results; costs of tests.   (a) The  court,  on  its  own
  motion  or motion of any party, when paternity is contested, shall order
  the mother, the child and the alleged father to submit to  one  or  more
  genetic  marker  or DNA marker tests of a type generally acknowledged as
  reliable by an accreditation body designated by  the  secretary  of  the
  federal  department  of  health  and  human  services and performed by a
  laboratory  approved  by  such  an  accreditation  body   and   by   the
  commissioner  of  health  or by a duly qualified physician to aid in the
  determination of whether the alleged father is or is not the  father  of
  the  child.  No  such  test  shall  be  ordered, however, upon a written
  finding by the court that it is not in the best interests of  the  child
  on  the  basis of res judicata, equitable estoppel or the presumption of
  legitimacy of a child born to a married woman. The record or  report  of
  the  results of any such genetic marker or DNA test shall be received in
  evidence,  pursuant  to  subdivision  (e)  of  rule  forty-five  hundred
  eighteen  of  the civil practice law and rules where no timely objection
  in writing has been made thereto. Any order  pursuant  to  this  section
  shall  state  in  plain  language that the results of such test shall be
  admitted into evidence, pursuant to rule forty-five hundred eighteen  of
  the  civil  practice  law and rules absent timely objections thereto and
  that if such timely objections are not made, they shall be deemed waived
  and shall not be heard by the court.  If the record or report of results
  of any such genetic marker or DNA test or  tests  indicate  at  least  a
  ninety-five  percent  probability  of  paternity,  the admission of such
  record or report shall create a  rebuttable  presumption  of  paternity,
  and,  if  unrebutted, shall establish the paternity of and liability for
  the support of a child pursuant to this article and article five of this
  act.
    (b) Whenever the court directs a genetic marker or DNA  test  pursuant
  to  this  section,  a report made as provided in subdivision (a) of this
  section may be received in evidence pursuant to rule forty-five  hundred
  eighteen of the civil practice law and rules if offered by any party.
    (c)  The  cost of any test ordered pursuant to subdivision (a) of this
  section shall be, in the first instance, paid by the  moving  party.  If
  the  moving  party is financially unable to pay such cost, the court may
  direct any qualified public health officer  to  conduct  such  test,  if
  practicable;  otherwise,  the court may direct payment from the funds of
  the  appropriate  local  social  services  district.  In  its  order  of
  disposition,  however,  the  court  may direct that the cost of any such
  test be apportioned between the parties according  to  their  respective
  abilities  to  pay or be assessed against the party who does not prevail
  on the issue of paternity, unless such party is  financially  unable  to
  pay.

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