Order Of Disposition (Violation Of Support Order) {4-12b}

F.C.A. §§ 438, 454, 458-a,458-b; Art.5-B Form 4-12b (Order of DispositionViolation of Support Order) 5/2015 At a term of the Family Court of the State of New York, held in and for the County of , at , New York on , . P R E S E N T: Hon. Judge/Support Magistrate ................................................................................... In the Matter of a Proceeding under Article (4)(5-B) of the Family Court Act Docket No. (Commissioner of Social Services, Assignee, on behalf of , Assignor) Petitioner, S.S.#: xxxx-xx-againstORDER OF DISPOSITION (Violation of Support Order) Respondent. S.S. #: xxxx-xx.................................................................................... NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS FOR CONTEMPT OF COURT OR PROSECUTION FOR CRIMINAL NON-SUPPORT. . YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPENSION OF YOUR DRIVER'S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPOSITION OF REAL OR PERSONAL PROPERTY LIENS. IF THIS ORDER WAS ENTERED BY A JUDGE, THE ORDER MAY BE APPEALED PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT. THAT SECTION PROVIDES THAT AN APPEAL FROM THAT ORDER MUST BE TAKEN WITHIN 30 DAYS RECEIPT OF THE ORDER BY THE APPELLANT IN COURT, 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD American LegalNet, Inc. www.FormsWorkFlow.com Form 4-12b page 2 UPON THE APPELLANT, OR 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF THE COURT, WHICHEVER IS EARLIEST. IF THIS ORDER WAS ENTERED BY A SUPPORT MAGISTRATE, SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER.1 The Petitioner having filed a petition in this Court, dated alleging that the Respondent failed to obey the order of this Court dated , , directing payment of support for the dependents indicated therein, and The name, date of birth and social security number (last four digits) of the child(ren) is/are: NAME DATE OF BIRTH LAST 4 DIGITS OF SOC. SEC. # Respondent having Q appeared Q not appeared before this Court to answer the petition and to show cause why the relief requested in the petition should not be granted, and having been advised by the Court of the right to counsel, and Respondent having Qdenied Qadmitted the allegations of the petition; and The matter having been heard before this Court; [Applicable in cases involving spousal support or maintenance] Q And the Respondent having Qshown Qfailed to show good cause for failure to make applications for relief from the order of this Court directing payment prior to the accrual of the arrears; NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proof and testimony [Check applicable boxes]: IT IS HEREBY G ADJUDGED that the petition alleging a violation is not sustained and the petition is hereby DISMISSED; OR G ADJUDGED that the Respondent failed to obey the order of this Court and the petition is hereby SUSTAINED; and it is further G ADJUDGED that the Respondent's failure Q was Qwas not wilful A recommendation by a Support Magistrate for incarceration is subject to confirmation by a judge and is not subject to the objection process. See F.C.A. §§439(a), 439(e). American LegalNet, Inc. www.FormsWorkFlow.com 1 Form 4-12b page 3 OR G No determination was made regarding wilfulness; and it is further G ADJUDGED that the Respondent knowingly, consciously and voluntarily disregarded (his)(her) obligation under a lawful court order in that Respondent willfully failed to pay the sum of $ which amount the Court finds to be the arrears due and owing under said Order. The name, address and telephone number of Respondent's current employer(s), are: NAME ADDRESS TELEPHONE G ORDERED that the order of support, dated ; and it is further , is hereby continued; and it is further G ORDERED that commencing on [specify date]: the above-named Respondent, upon notice of this Order, pay or cause the above amount(s) to be paid to G Petitioner by cash, check or money order; G Non-IV-D cases: Payable to the Petitioner by check or money order and mailed to the NYS Child Support Processing Center, P. O. Box 15365, Albany, NY 12212-5365. The county name for the matter must be included with the payment for identification purposes. G IV-D cases: Payable by check or money order made payable to and mailed to the NYS Child Support Processing Center, PO Box 15363, Albany, NY 12212-5363. The county name and New York Case Identifier number for the matter must be included with the payment for identification purposes; and it is further [Applicable where payment is directed to be made to the Support Collection Unit]: G ORDERED that for the following reason(s) [specify]: constituting good cause pursuant to Section 440(1) of the Family Court Act, the G (IV-D cases: Support Collection Unit G Non- IV-D cases: Court shall NOT issue an immediate income execution; however, in the event of default2, this order shall be enforceable pursuant to section 5241 or 5242 of the Civil Practice Law and Rules, or in any other manner provided by law; and it is further [Applicable to IV-D cases only]: G ORDERED that the Respondent pay the additional sum of $ G weekly G every two weeks G monthly Gtwice per month G quarterly. towards arrears of $ ; and with respect to such arrears payments, the Court finds that any anticipated tax refunds have been considered by the Court and taken into account in determining the amount of periodic payments to be paid toward said arrears and further directs that such arrears are not to be certified to the State Tax Commission pursuant to section 171-c of the Tax Law; and it is further 2 "Default", as defined in CPLR §5241, means the failure to remit three payments on the date due in the full amount directed in this order, or the accumulation of arrears, including amounts arising from retroactive support, that are equal to or greater than the amount directed to be paid for one month, whichever occurs first. American LegalNet, Inc. www.FormsWorkFlow.com Form 4-12b page 4 G ORDERED that judgment be entered in favor of the Petitioner against the Respondent in the amount of $ , G plus interest [CPLR 5004] from , , in th