New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 4 - Article 5B - Family Court

ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE

Section Description
580-401 Establishment of support order.
580-402 Proceeding to determine parentage.
  S 580-401. Establishment  of  support  order.  (a) If a support order
  entitled to recognition under  this  article  has  not  been  issued,  a
  responding  tribunal  of  this state with personal jurisdiction over the
  parties may issue a support order if:
    (1) the individual seeking the order resides outside this state; or
    (2) the support  enforcement  agency  seeking  the  order  is  located
  outside this state.
    (b)  The  tribunal  may  issue  a temporary child support order if the
  tribunal determines that such an order is appropriate and the individual
  ordered to pay is:
    (1) a presumed father of the child;
    (2) petitioning to have his paternity adjudicated;
    (3) identified as the father of the child through genetic testing;
    (4) an alleged father who has declined to submit to genetic testing;
    (5) shown by clear and convincing evidence to be  the  father  of  the
  child;
    (6) an acknowledged father as provided by applicable state law;
    (7) the mother of the child; or
    (8)  an  individual  who  has  been  ordered to pay child support in a
  previous proceeding and the order has not been reversed or vacated.
    (c) Upon finding, after notice and opportunity to be  heard,  that  an
  obligor owes a duty of support, the tribunal shall issue a support order
  directed  to  the obligor and may issue other orders pursuant to section
  580-305 of this article.

  S 580-402. Proceeding to determine parentage. A tribunal of this state
  authorized  to  determine parentage of a child may serve as a responding
  tribunal in a proceeding to determine parentage of a child brought under
  this article or  a  law  or  procedure  substantially  similar  to  this
  article.

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