New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Sub Part A - Part 6 - Article 5B - Family Court

REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER

Section Description
580-601 Registration of order for enforcement.
580-602 Procedure to register order for enforcement.
580-603 Effect of registration for enforcement.
580-604 Choice of law.
  S 580-601. Registration  of order for enforcement. A support order or
  income withholding order issued in another state or  a  foreign  support
  order may be registered in this state for enforcement.

  S 580-602. Procedure to register order for enforcement. (a) Except as
  otherwise provided in section 580-706 of this article, a  support  order
  or  income withholding order of another state or a foreign support order
  may be registered in this state by sending the following records to  the
  appropriate tribunal in this state:
    (1)  a  letter  of transmittal to the tribunal requesting registration
  and enforcement;
    (2) two copies, including one certified  copy,  of  the  order  to  be
  registered, including any modification of the order;
    (3)  a  sworn  statement  by  the  person requesting registration or a
  certified statement by the custodian of the records showing  the  amount
  of any arrearage;
    (4) the name of the obligor and, if known:
    (i) the obligor's address and social security number;
    (ii)  the  name  and  address  of the obligor's employer and any other
  source of income of the obligor; and
    (iii) a description and the location of property  of  the  obligor  in
  this state not exempt from execution; and
    (5)  except  as otherwise provided in section 580-312 of this article,
  the name and address of the obligee and, if applicable,  the  person  to
  whom support payments are to be remitted.
    (b) On receipt of a request for registration, the registering tribunal
  shall  cause  the order to be filed as an order of a tribunal of another
  state or a  foreign  support  order,  together  with  one  copy  of  the
  documents and information, regardless of their form.
    (c)  A  petition  or comparable pleading seeking a remedy that must be
  affirmatively sought under other law of this state may be filed  at  the
  same  time  as  the request for registration or later. The pleading must
  specify the grounds for the remedy sought.
    (d) If two or  more  orders  are  in  effect,  the  person  requesting
  registration shall:
    (1)  furnish to the tribunal a copy of every support order asserted to
  be in effect in addition to the documents specified in this section;
    (2) specify the order alleged to be the controlling order, if any; and
    (3) specify the amount of consolidated arrears, if any.
    (e) A request for a determination of which is  the  controlling  order
  may  be  filed  separately  or  with  a  request  for  registration  and
  enforcement or for registration and modification. The person  requesting
  registration shall give notice of the request to each party whose rights
  may be affected by the determination.

  S 580-603. Effect of registration for enforcement. (a) A support order
  or income withholding order issued in another state or a foreign support
  order  is registered when the order is filed in the registering tribunal
  of this state.
    (b) A registered support order issued in another state  or  a  foreign
  country  is  enforceable  in  the same manner and is subject to the same
  procedures as an order issued by a tribunal of this state.
    (c) Except as otherwise provided in this article, a tribunal  of  this
  state  shall  recognize  and  enforce,  but may not modify, a registered
  support order if the issuing tribunal had jurisdiction.

  S 580-604. Choice  of  law.  (a)  Except  as  otherwise  provided in
  subdivision (d) of this section, the law of the issuing state or foreign
  country governs:
    (1) the nature, extent, amount and duration of current payments  under
  a registered support order;
    (2)  the computation and payment of arrearages and accrual of interest
  on the arrearages under the support order; and
    (3) the existence and satisfaction  of  other  obligations  under  the
  support order.
    (b)  In a proceeding for arrears under a registered support order, the
  statute of limitation of this state or of the issuing state  or  foreign
  country, whichever is longer, applies.
    (c) A responding tribunal of this state shall apply the procedures and
  remedies  of  this  state to enforce current support and collect arrears
  and interest due on a support  order  of  another  state  or  a  foreign
  country registered in this state.
    (d)  After  a tribunal of this state or another state determines which
  is the controlling order and issues an order consolidating  arrears,  if
  any,  a  tribunal of this state shall prospectively apply the law of the
  state or foreign country issuing the controlling  order,  including  its
  law  on  interest  on  arrears,  on  current  and future support, and on
  consolidated arrears.

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