Section 240. Custody and child support; orders of protection

1. (a) In any
  action or proceeding brought (1) to annul a marriage or to  declare  the
  nullity  of  a  void  marriage,  or  (2)  for a separation, or (3) for a
  divorce, or (4) to obtain, by a writ of habeas corpus or by petition and
  order to show cause, the custody of or  right  to  visitation  with  any
  child  of a marriage, the court shall require verification of the status
  of any child of the marriage with respect to such  child's  custody  and
  support,  including any prior orders, and shall enter orders for custody
  and support as, in the  court's  discretion,  justice  requires,  having
  regard  to  the  circumstances of the case and of the respective parties
  and to the best interests of the child and subject to the provisions  of
  subdivision  one-c  of  this  section.  Where  either party to an action
  concerning custody of or a right to visitation with a child alleges in a
  sworn  petition  or   complaint   or   sworn   answer,   cross-petition,
  counterclaim or other sworn responsive pleading that the other party has
  committed  an  act  of  domestic  violence  against the party making the
  allegation or a family or household member  of  either  party,  as  such
  family  or  household  member  is defined in article eight of the family
  court act, and such allegations are proven by  a  preponderance  of  the
  evidence,  the  court must consider the effect of such domestic violence
  upon the best interests of the child, together with such other facts and
  circumstances as the court deems relevant in making a direction pursuant
  to this section. If a parent makes a good faith allegation  based  on  a
  reasonable  belief  supported  by  facts that the child is the victim of
  child abuse, child neglect, or the effects of domestic violence, and  if
  that  parent  acts  lawfully  and  in  good  faith  in  response to that
  reasonable belief to protect the child or seek treatment for the  child,
  then that parent shall not be deprived of custody, visitation or contact
  with  the  child, or restricted in custody, visitation or contact, based
  solely on that belief or the reasonable  actions  taken  based  on  that
  belief.  If  an  allegation  that  a  child  is abused is supported by a
  preponderance of the  evidence,  then  the  court  shall  consider  such
  evidence  of  abuse in determining the visitation arrangement that is in
  the best interest of the child, and the court shall not place a child in
  the custody of a parent who presents a substantial risk of harm to  that
  child. An order directing the payment of child support shall contain the
  social  security  numbers of the named parties. In all cases there shall
  be no prima facie right to the custody of the child  in  either  parent.
  Such  direction  shall  make  provision  for  child  support  out of the
  property of either or both parents. The court shall make its  award  for
  child  support  pursuant  to  subdivision  one-b  of  this section. Such
  direction may provide for reasonable visitation rights to  the  maternal
  and/or paternal grandparents of any child of the parties. Such direction
  as it applies to rights of visitation with a child remanded or placed in
  the  care  of  a  person,  official,  agency  or institution pursuant to
  article ten of the family  court  act,  or  pursuant  to  an  instrument
  approved  under  section  three  hundred  fifty-eight-a  of  the  social
  services law, shall be enforceable pursuant to part eight of article ten
  of the family court act and sections  three  hundred  fifty-eight-a  and
  three  hundred  eighty-four-a  of  the  social  services  law  and other
  applicable provisions of law against any person having care and custody,
  or temporary care and custody, of the child. Notwithstanding  any  other
  provision of law, any written application or motion to the court for the
  establishment, modification or enforcement of a child support obligation
  for  persons  not  in receipt of public assistance and care must contain
  either a request for child  support  enforcement  services  which  would
  authorize  the  collection  of  the  support obligation by the immediate
  issuance of an income execution for support enforcement as provided  for

  by  this  chapter,  completed  in  the  manner  specified in section one
  hundred eleven-g of the social services law; or  a  statement  that  the
  applicant  has  applied  for  or  is  in  receipt of such services; or a
  statement that the applicant knows of the availability of such services,
  has  declined  them  at this time and where support enforcement services
  pursuant to section one hundred eleven-g of the social services law have
  been declined that the applicant understands that  an  income  deduction
  order  may  be  issued  pursuant to subdivision (c) of section fifty-two
  hundred forty-two of the civil practice  law  and  rules  without  other
  child support enforcement services and that payment of an administrative
  fee  may be required. The court shall provide a copy of any such request
  for child support enforcement services to the support collection unit of
  the appropriate social services district any time it directs payments to
  be made to such support collection unit. Additionally, the copy  of  any
  such  request  shall  be  accompanied  by  the  name, address and social
  security number of the parties; the  date  and  place  of  the  parties'
  marriage;  the  name and date of birth of the child or children; and the
  name and address of the employers and income payors of  the  party  from
  whom  child  support  is  sought  or from the party ordered to pay child
  support to the other party. Such direction may require the payment of  a
  sum or sums of money either directly to the custodial parent or to third
  persons  for  goods  or  services  furnished for such child, or for both
  payments to the custodial parent and to such  third  persons;  provided,
  however,  that  unless  the party seeking or receiving child support has
  applied for or is receiving such services, the court  shall  not  direct
  such  payments to be made to the support collection unit, as established
  in section one hundred eleven-h of the social services law. Every  order
  directing  the  payment  of  support shall require that if either parent
  currently, or at any time in the future, has health  insurance  benefits
  available  that  may  be  extended  or obtained to cover the child, such
  parent is required to exercise the  option  of  additional  coverage  in
  favor  of  such  child and execute and deliver to such person any forms,
  notices, documents or instruments necessary to assure timely payment  of
  any health insurance claims for such child.
    (a-1)(1)   Permanent  and  initial  temporary  orders  of  custody  or
  visitation. Prior to the issuance of any permanent or initial  temporary
  order  of custody or visitation, the court shall conduct a review of the
  decisions and reports listed in subparagraph three of this paragraph.
    (2) Successive temporary orders of custody or visitation. Prior to the
  issuance of any successive temporary order of custody or visitation, the
  court shall conduct a review of the  decisions  and  reports  listed  in
  subparagraph  three  of  this  paragraph,  unless such a review has been
  conducted within ninety days prior to the issuance of such order.
    (3) Decisions and reports for review. The court shall conduct a review
  of the following:
    (i) related decisions  in  court  proceedings  initiated  pursuant  to
  article  ten  of the family court act, and all warrants issued under the
  family court act; and
    (ii) reports of the  statewide  computerized  registry  of  orders  of
  protection  established  and  maintained pursuant to section two hundred
  twenty-one-a of the executive law,  and  reports  of  the  sex  offender
  registry  established  and  maintained  pursuant  to section one hundred
  sixty-eight-b of the correction law.
    (4) Notifying  counsel  and  issuing  orders.  Upon  consideration  of
  decisions  pursuant to article ten of the family court act, and registry
  reports and notifying counsel involved in  the  proceeding,  or  in  the
  event  of  a self-represented party, notifying such party of the results
  thereof, including any court appointed attorney for children, the  court

  may issue a temporary, successive temporary or final order of custody or
  visitation.
    (5)  Temporary emergency order. Notwithstanding any other provision of
  the law, upon emergency situations, including computer malfunctions,  to
  serve  the  best  interest of the child, the court may issue a temporary
  emergency order for custody or visitation in the event that  it  is  not
  possible  to  timely  review  decisions  and  reports  on  registries as
  required pursuant to subparagraph three of this paragraph.
    (6) After  issuing  a  temporary  emergency  order.  After  issuing  a
  temporary  emergency  order  of  custody  or visitation, the court shall
  conduct reviews of the decisions and reports on registries  as  required
  pursuant  to  subparagraph  three  of  this paragraph within twenty-four
  hours of the issuance of such temporary  emergency  order.  Should  such
  twenty-four hour period fall on a day when court is not in session, then
  the  required  reviews  shall  take  place  the next day the court is in
  session. Upon reviewing decisions and reports  the  court  shall  notify
  associated  counsel, self-represented parties and attorneys for children
  pursuant to subparagraph four of this paragraph and may issue  temporary
  or permanent custody or visitation orders.
    (7)  Feasibility study. The commissioner of the office of children and
  family services, in conjunction with the office of court administration,
  is hereby authorized and directed to examine, study, evaluate  and  make
  recommendations   concerning  the  feasibility  of  the  utilization  of
  computers in  courts  which  are  connected  to  the  statewide  central
  register  of  child  abuse  and  maltreatment established and maintained
  pursuant to section four hundred twenty-two of the social services  law,
  as  a  means  of  providing  courts  with  information regarding parties
  requesting orders of custody or visitation. Such commissioner shall make
  a preliminary report to the governor and the  legislature  of  findings,
  conclusions  and  recommendations  not  later  than  January  first, two
  thousand  nine,  and  a  final  report  of  findings,  conclusions   and
  recommendations  not later than June first, two thousand nine, and shall
  submit with  the  reports  such  legislative  proposals  as  are  deemed
  necessary to implement the commissioner's recommendations.
    (b)  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  paragraph  (c)  of this subdivision, 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.
    * NB Effective October 9, 2009
    (c)  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 ensure
  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 a 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. If eligible for  such  coverage,  the  court
  shall  prorate  the  cost  of  any  premium  or  family  contribution in
  accordance with paragraph (d) of this subdivision.  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  paragraph  (a)  of  this
  subdivision.
    * NB Effective until October 9, 2009
    * (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  paragraph  (a)  of  this  subdivision.  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.
    * NB Effective October 9, 2009
    * (d) The cost of providing  health  insurance  benefits  pursuant  to
  paragraph  (c) of this subdivision 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. Where
  the court finds that such proration  is  unjust  or  inappropriate,  the
  court shall:
    (1)  order  the  parties  to  pay  such  amount  of the cost of health
  insurance benefits as the court finds just and appropriate;
    (2) add or subtract such amount  in  the  manner  set  forth  in  this
  subdivision; and
    (3)  set  forth  in the order the factors it considered, the amount of
  each party's share of the cost and the reason or reasons the  court  did
  not order such pro rata apportionment.
    * NB Effective until October 9, 2009
    * (d)  The  cost  of  providing  health insurance benefits or benefits
  under the state's child health insurance plan or the medical  assistance
  program,  pursuant to paragraph (c) of this subdivision, 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-b of this section.
    * NB Effective October 9, 2009
    (e) 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.
    (f) 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. Such 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.
    (g) 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.

    (h) 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 of title forty-two
  of the United States code.
    (i) 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.
    (j)  The  order  shall  be effective as of the date of the application
  therefor, and any retroactive amount  of  child  support  due  shall  be
  support  arrears/past  due  support  and  shall,  except as provided for
  herein, be paid in one lump sum or periodic sums,  as  the  court  shall
  direct,  taking  into  account any amount of temporary support which has
  been  paid.  In  addition,  such  retroactive  child  support  shall  be
  enforceable in any manner provided by law including, but not limited to,
  an  execution  for  support  enforcement  pursuant to subdivision (b) of
  section fifty-two hundred forty-one of the civil practice law and rules.
  When a child receiving support is a public assistance recipient, or  the
  order  of  support  is  being  enforced or is to be enforced pursuant to
  section one hundred eleven-g of the social services law, the court shall
  establish the amount of retroactive child support and notify the parties
  that such amount shall  be  enforced  by  the  support  collection  unit
  pursuant  to  an  execution  for  support enforcement as provided for in
  subdivision (b) of section fifty-two  hundred  forty-one  of  the  civil
  practice  law and rules, or in such periodic payments as would have been
  authorized had such an execution been issued. In such case,  the  courts
  shall not direct the schedule of repayment of retroactive support. Where
  such  direction  is for child support and paternity has been established
  by a voluntary  acknowledgement  of  paternity  as  defined  in  section
  forty-one  hundred  thirty-five-b  of  the  public health law, the court
  shall inquire of the parties whether the acknowledgement has  been  duly
  filed,  and unless satisfied that it has been so filed shall require the
  clerk of the court to file such  acknowledgement  with  the  appropriate
  registrar  within  five business days. Such direction may be made in the
  final judgment in such action or proceeding, or by one  or  more  orders
  from  time  to  time  before or subsequent to final judgment, or by both

  such order or orders and the final judgment. Such direction may be  made
  notwithstanding  that  the  court  for any reason whatsoever, other than
  lack of jurisdiction, refuses to  grant  the  relief  requested  in  the
  action  or  proceeding.  Any  order  or judgment made as in this section
  provided may combine in one lump sum any amount payable to the custodial
  parent under this section with any amount payable to such  parent  under
  section  two hundred thirty-six of this article. Upon the application of
  either parent, or of any other person or party having the care,  custody
  and control of such child pursuant to such judgment or order, after such
  notice  to the other party, parties or persons having such care, custody
  and control and given in such manner as  the  court  shall  direct,  the
  court  may  annul or modify any such direction, whether made by order or
  final judgment, or in case no such direction shall have been made in the
  final judgment may,  with  respect  to  any  judgment  of  annulment  or
  declaring  the nullity of a void marriage rendered on or after September
  first, nineteen hundred forty, or any judgment of separation or  divorce
  whenever  rendered,  amend  the  judgment  by  inserting such direction.
  Subject to the provisions of section  two  hundred  forty-four  of  this
  article, no such modification or annulment shall reduce or annul arrears
  accrued  prior  to  the making of such application unless the defaulting
  party shows good cause for failure to make application for  relief  from
  the  judgment  or  order  directing such payment prior to the accrual of
  such arrears. Such modification may increase such child support nunc pro
  tunc as of the date of application based on newly  discovered  evidence.
  Any   retroactive   amount   of  child  support  due  shall  be  support
  arrears/past due support and shall be paid in one lump sum  or  periodic
  sums,  as  the  court  shall  direct,  taking into account any amount of
  temporary  child  support  which  has  been  paid.  In  addition,   such
  retroactive child support shall be enforceable in any manner provided by
  law  including, but not limited to, an execution for support enforcement
  pursuant to subdivision (b) of section fifty-two  hundred  forty-one  of
  the civil practice law and rules.
    1-a.  In  any proceeding brought pursuant to this section to determine
  the custody or visitation of minors, a  report  made  to  the  statewide
  central  register of child abuse and maltreatment, pursuant to title six
  of article six of the social services law, or a portion  thereof,  which
  is otherwise admissible as a business record pursuant to rule forty-five
  hundred  eighteen  of  the  civil  practice  law  and rules shall not be
  admissible  in  evidence,   notwithstanding   such   rule,   unless   an
  investigation  of such report conducted pursuant to title six of article
  six of the social  services  law  has  determined  that  there  is  some
  credible  evidence  of  the  alleged  abuse or maltreatment and that the
  subject of the report has been notified that the report is indicated. In
  addition, if such report has been reviewed by the state commissioner  of
  social services or his designee and has been determined to be unfounded,
  it  shall  not  be  admissible  in  evidence. If such report has been so
  reviewed and has been amended to delete any finding, each  such  deleted
  finding  shall  not  be  admissible. If the state commissioner of social
  services or his designee has amended the report to add any new  finding,
  each  such new finding, together with any portion of the original report
  not deleted by the commissioner or his designee, shall be admissible  if
  it  meets  the  other  requirements of this subdivision and is otherwise
  admissible as a business record. If such a report, or  portion  thereof,
  is  admissible  in  evidence  but  is  uncorroborated,  it  shall not be
  sufficient to make a fact finding  of  abuse  or  maltreatment  in  such
  proceeding.  Any  other  evidence  tending to support the reliability of
  such report shall be sufficient corroboration.

    1-b. (a) 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
    (H) annuity payments;
    (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,
    (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
  eighty thousand dollars 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.
    * NB Effective until January 31, 2010
    * (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.
    * NB Effective January 31, 2010
    (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 prorate each parent's share of future reasonable
  health care expenses of the child not covered by insurance in  the  same
  proportion  as  each parent's income is to the combined parental income.
  The non-custodial parent's pro rata share of such health  care  expenses
  shall  be  paid  in  a  manner determined by the court, including direct
  payment to the health care provider.
    * NB Effective until October 9, 2009
    * (5) The court shall determine the  parties'  obligation  to  provide
  health  insurance  benefits  pursuant  to  this  section 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 subparagraph one and
  clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision
  one of this section 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 subparagraph one and
  clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision
  one of this section 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 subparagraph one  and
  clauses (i) and (ii) of subparagraph two of paragraph (c) of subdivision
  one  of  this section 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),  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 this subdivision, 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.
    * NB Effective October 9, 2009
    (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 or the difference
  between the non-custodial parent's income and the self-support  reserve,
  whichever is greater. 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.
    (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,  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. In no instance shall

  the court order child support below twenty-five dollars per month. 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  this  article,  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 social  services  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.  In  no instance shall the court approve any voluntary
  support agreement or  compromise  that  includes  an  amount  for  child
  support less than twenty-five dollars per month.
    (j)  In  addition  to  financial  disclosure  required  in section two
  hundred thirty-six 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  this
  subdivision  shall  not  constitute a change of circumstances warranting
  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.
    1-c. (a) Notwithstanding any other provision of this  chapter  to  the
  contrary,  no  court  shall  make  an  order providing for visitation or
  custody to a person who has been convicted of murder  in  the  first  or
  second  degree  in  this  state,  or  convicted of an offense in another
  jurisdiction which, if committed in this state, would constitute  either
  murder  in  the  first  or  second degree, of a parent, legal custodian,
  legal guardian, sibling , half-sibling or step-sibling of any child  who
  is  the  subject  of the proceeding. Pending determination of a petition
  for visitation or custody, such child shall  not  visit  and  no  person
  shall  visit with such child present, such person who has been convicted
  of murder in the first or second degree in this state, or  convicted  of
  and  offense  in another jurisdiction which, if committed in this state,
  would constitute either murder in the  first  or  second  degree,  of  a
  parent,  legal  custodian,  legal  guardian,  sibling,  half-sibling  or
  step-sibling of a child who is the subject of the proceeding without the
  consent of such child's custodian or legal guardian.
    (b) Notwithstanding paragraph (a) of  this  subdivision  a  court  may
  order visitation or custody where:
    (i) (A) such child is of suitable age to signify assent and such child
  assents to such visitation or custody; or
    (B)  if  such  child  is  not  of  suitable age to signify assent, the
  child's custodian or legal guardian assents to such order; or
    (C) the person who has been convicted of murder in the first or second
  degree, or an offense in another jurisdiction which if committed in this
  state, would constitute either murder in the first or second degree, can
  prove by a preponderance of the evidence that:
    (1) he or she, or a family or household member of either party, was  a
  victim of domestic violence by the victim of such murder; and
    (2)  the  domestic  violence was causally related to the commission of
  such murder; and
    (ii) the court finds that such visitation or custody is  in  the  best
  interests of the child.
    (c)  For  the purpose of making a determination pursuant to clause (C)
  of subparagraph (i) of paragraph (b)  of  this  subdivision,  the  court
  shall  not  be  bound  by  the  findings  of fact, conclusions of law or
  ultimate conclusion as determined by  the  proceedings  leading  to  the
  conviction  of  murder in the first or second degree in this state or of
  an offense in another jurisdiction which, if committed  in  this  state,

  would  constitute  murder  in  either  the  first or second degree, of a
  parent,  legal  guardian,  legal  custodian,  sibling,  half-sibling  or
  step-sibling  of  a  child  who is the subject of the proceeding. In all
  proceedings  under  this  section, a law guardian shall be appointed for
  the child.
    2. (a) An order directing payment of money for child support shall  be
  enforceable pursuant to section fifty-two hundred forty-one or fifty-two
  hundred  forty-two  of  the civil practice law and rules or in any other
  manner provided by law. Such orders or judgments for child  support  and
  maintenance  shall  also be enforceable pursuant to article fifty-two of
  the civil practice law and rules upon a debtor's default as such term is
  defined in paragraph seven  of  subdivision  (a)  of  section  fifty-two
  hundred forty-one of the civil practice law and rules. The establishment
  of  a  default  shall  be  subject to the procedures established for the
  determination of a mistake of fact for  income  executions  pursuant  to
  subdivision  (e)  of  section  fifty-two  hundred forty-one of the civil
  practice law and rules. For the purposes of enforcement of child support
  orders or combined spousal and child support orders pursuant to  section
  five thousand two hundred forty-one of the civil practice law and rules,
  a  "default" shall be deemed to include amounts arising from retroactive
  support.
    b.  (1)  When  a  child  receiving  support  is  a  public  assistance
  recipient,  or  the  order  of  support  is  being  enforced or is to be
  enforced pursuant to section one hundred eleven-g of the social services
  law, the court shall direct that the child support payments be  made  to
  the  support  collection unit. Unless (i) the court finds and sets forth
  in writing the reasons that there is good cause not to require immediate
  income withholding; or (ii) when the child is not in receipt  of  public
  assistance, a written agreement providing for an alternative arrangement
  has  been reached between the parties, the support collection unit shall
  issue an income execution immediately  for  child  support  or  combined
  maintenance  and  child  support, and may issue an execution for medical
  support enforcement in accordance with the provisions of  the  order  of
  support.  Such written agreement may include an oral stipulation made on
  the record resulting in a written order. For purposes of this paragraph,
  good cause shall mean substantial harm to the debtor. The absence of  an
  arrearage  or  the  mere  issuance  of  an  income  execution  shall not
  constitute  good  cause.  When  an  immediate  income  execution  or  an
  execution  for  medical  support  enforcement  is  issued by the support
  collection unit, such income  execution  shall  be  issued  pursuant  to
  section  five  thousand  two hundred forty-one of the civil practice law
  and rules, except that the provisions thereof  relating  to  mistake  of
  fact,  default  and  any  other provisions which are not relevant to the
  issuance of an income execution pursuant to  this  paragraph  shall  not
  apply;  provided,  however, that if the support collection unit makes an
  error in the issuance of an income execution pursuant to this paragraph,
  and such error is to the detriment of the debtor, the support collection
  unit shall have thirty days after notification by the debtor to  correct
  the error. Where permitted under federal law and where the record of the
  proceedings  contains  such information, such order shall include on its
  face the social  security  number  and  the  name  and  address  of  the
  employer,  if  any,  of  the  person  chargeable with support; provided,
  however,  that  failure  to  comply  with  this  requirement  shall  not
  invalidate  such  order.  When  the  court determines that there is good
  cause not to immediately issue an income execution or when  the  parties
  agree  to  an alternative arrangement as provided in this paragraph, the
  court shall provide expressly in the order of support that  the  support
  collection   unit   shall  not  issue  an  immediate  income  execution.

  Notwithstanding any such order, the support collection unit shall  issue
  an  income execution for support enforcement when the debtor defaults on
  the support obligation, as defined in section five thousand two  hundred
  forty-one of the civil practice law and rules.
    (2)  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  or  in  receipt  of services pursuant to section one
  hundred eleven-g of the social services law, the court  shall  issue  an
  income  deduction  order  pursuant  to  subdivision  (c) of section five
  thousand two hundred forty-two of the civil practice law  and  rules  at
  the  same time it issues the order of support. The court shall enter the
  income deduction order unless the court finds and sets forth in  writing
  (i) the reasons that there is good cause not to require immediate income
  withholding;  or  (ii)  that  an  agreement providing for an alternative
  arrangement has been reached between the  parties.  Such  agreement  may
  include  a written agreement or an oral stipulation, made on the record,
  that results in a written order. For purposes of  this  paragraph,  good
  cause  shall  mean  substantial  harm  to  the debtor. The absence of an
  arrearage or the mere issuance of an income deduction  order  shall  not
  constitute  good  cause. Where permitted under federal law and where the
  record of the proceedings contains such information,  such  order  shall
  include  on its face the social security number and the name and address
  of the  employer,  if  any,  of  the  person  chargeable  with  support;
  provided,  however,  that  failure to comply with this requirement shall
  not invalidate the order. When the court determines that there  is  good
  cause  not  to  issue  an income deduction order immediately or when the
  parties  agree  to  an  alternative  arrangement  as  provided  in  this
  paragraph, the court shall provide expressly in the order of support the
  basis for its decision and shall not issue an income deduction order.
    c.  Any  order  of  support  issued on behalf of a child in receipt of
  family assistance or child  support  enforcement  services  pursuant  to
  section one hundred eleven-g of the social services law shall be subject
  to  review  and  adjustment  by  the support collection unit pursuant to
  section one hundred eleven-n of the social services law. Such review and
  adjustment shall be in addition to any other  activities  undertaken  by
  the support collection unit relating to the establishment, modification,
  and enforcement of support orders payable to such unit.
    3.  Order  of protection. a. The court may make an order of protection
  in assistance or as a condition of  any  other  order  made  under  this
  section.  The order of protection may set forth reasonable conditions of
  behavior to be observed for a specified time by any party. Such an order
  may require any party:
    (1)  to  stay  away  from  the  home,  school,  business  or  place of
  employment of the child, other parent or any other party,  and  to  stay
  away from any other specific location designated by the court;
    (2)  to permit a parent, or a person entitled to visitation by a court
  order or a separation agreement, to visit the child at stated periods;
    (3) to refrain  from  committing  a  family  offense,  as  defined  in
  subdivision  one of section 530.11 of the criminal procedure law, or any
  criminal offense against the  child  or  against  the  other  parent  or
  against  any  person  to  whom  custody  of the child is awarded or from
  harassing, intimidating or threatening such persons;
    (4) to permit a designated party  to  enter  the  residence  during  a
  specified  period  of time in order to remove personal belongings not in
  issue in a proceeding or action under this chapter or the  family  court
  act; or
    (5)  to  refrain  from  acts  of commission or omission that create an
  unreasonable risk to the health, safety or welfare of a child.

    (6) to pay the reasonable counsel fees and disbursements  involved  in
  obtaining  or enforcing the order of the person who is protected by such
  order if such order is issued or enforced.
    (7)  to  refrain  from  intentionally  injuring  or  killing,  without
  justification, any companion animal the respondent knows  to  be  owned,
  possessed,  leased, kept or held by the person protected by the order or
  a minor child residing in such person's household.  "Companion  animal,"
  as  used  in this section, shall have the same meaning as in subdivision
  five of section three hundred fifty of the agriculture and markets law.
    (8) to observe such other conditions as are necessary to  further  the
  purposes of protection.
    b.  An  order of protection entered pursuant to this subdivision shall
  bear in a conspicuous manner, on the  front  page  of  said  order,  the
  language  "Order  of  protection  issued pursuant to section two hundred
  forty of the domestic relations law". The absence of such language shall
  not affect the validity of such order. The presentation  of  a  copy  of
  such an order to any peace officer acting pursuant to his or her special
  duties,  or police officer, shall constitute authority, for that officer
  to arrest a person when that person has violated the terms  of  such  an
  order,  and bring such person before the court and, otherwise, so far as
  lies within the officer's power, to aid in securing the protection  such
  order was intended to afford.
    c.  An order of protection entered pursuant to this subdivision may be
  made in the final judgment in any matrimonial action or in a  proceeding
  to obtain custody of or visitation with any child under this section, or
  by  one  or  more orders from time to time before or subsequent to final
  judgment, or by both such order or orders and the  final  judgment.  The
  order  of  protection  may  remain  in  effect  after  entry  of a final
  matrimonial judgment and during the minority of any child whose  custody
  or  visitation  is the subject of a provision of a final judgment or any
  order. An order of protection may be entered  notwithstanding  that  the
  court  for  any  reason  whatsoever,  other  than  lack of jurisdiction,
  refuses to grant the relief requested in the action or proceeding.
    d. The chief administrator of the courts shall promulgate  appropriate
  uniform  temporary  orders of protection and orders of protection forms,
  applicable to proceedings under this article, to be used throughout  the
  state.  Such  forms  shall  be  promulgated and developed in a manner to
  ensure the compatibility of such forms with the  statewide  computerized
  registry established pursuant to section two hundred twenty-one-a of the
  executive law.
    e.  No  order of protection may direct any party to observe conditions
  of behavior unless: (i) the party requesting the order of protection has
  served and filed an action, proceeding, counter-claim or written  motion
  and,  (ii) the court has made a finding on the record that such party is
  entitled to issuance of the order of protection which may result from  a
  judicial  finding  of  fact,  judicial acceptance of an admission by the
  party against whom the order was issued or  judicial  finding  that  the
  party  against  whom  the order is issued has given knowing, intelligent
  and  voluntary  consent  to  its  issuance.  The  provisions   of   this
  subdivision  shall not preclude the court from issuing a temporary order
  of protection upon the court's own motion or where  a  motion  for  such
  relief is made to the court, for good cause shown.
    f.  In  addition  to  the foregoing provisions, the court may issue an
  order, pursuant to  section  two  hundred  twenty-seven-c  of  the  real
  property  law,  authorizing  the  party  for  whose benefit any order of
  protection has been issued to terminate  a  lease  or  rental  agreement
  pursuant to section two hundred twenty-seven-c of the real property law.

    Any  party moving for a temporary order of protection pursuant to this
  subdivision during hours when the court is open  shall  be  entitled  to
  file such motion or pleading containing such prayer for emergency relief
  on  the  same  day  that  such person first appears at such court, and a
  hearing  on  the  motion  or  portion  of  the  pleading requesting such
  emergency relief shall be held on the same day or the next day that  the
  court is in session following the filing of such motion or pleading.
    Upon  issuance  of  an  order  of  protection  or  temporary  order of
  protection or upon a violation of such order,  the  court  may  make  an
  order in accordance with section eight hundred forty-two-a of the family
  court  act directing the surrender of firearms, revoking or suspending a
  party's firearms license, and/or directing that such party be ineligible
  to receive a firearms license. Upon issuance of an order  of  protection
  pursuant  to  this section or upon a finding of a violation thereof, the
  court also may direct payment of restitution in an amount not to  exceed
  ten thousand dollars in accordance with subdivision (e) of section eight
  hundred  forty-one of such act; provided, however, that in no case shall
  an order of restitution be issued where the court  determines  that  the
  party against whom the order would be issued has already compensated the
  injured  party  or  where  such  compensation is incorporated in a final
  judgment or settlement of the action.
    3-a.  Service  of  order  of  protection.  If  a  temporary  order  of
  protection  has  been issued upon a default, unless the party requesting
  the order states on the record that she or he  will  arrange  for  other
  means  for  service  or  deliver  the order to a peace or police officer
  directly for service, the court shall immediately deliver a copy of  the
  temporary order of protection or order of protection to a peace officer,
  acting  pursuant  to  his  or  her  special duties and designated by the
  court, or to a police officer as defined in  paragraph  (b)  or  (d)  of
  subdivision  thirty-four  of section 1.20 of the criminal procedure law,
  or, in the city of New York,  to  a  designated  representative  of  the
  police  department  of the city of New York. Any peace or police officer
  or designated person receiving a temporary order  of  protection  or  an
  order of protection as provided hereunder shall serve or provide for the
  service  thereof  together with any associated papers that may be served
  simultaneously, at  any  address  designated  therewith,  including  the
  summons  and  petition or complaint if not previously served. Service of
  such temporary order of protection or order of protection and associated
  papers shall, insofar as practicable, be achieved promptly.  An  officer
  or  designated  person  obliged  to  perform  service  pursuant  to this
  subdivision, and his or her employer, shall not be  liable  for  damages
  resulting   from  failure  to  achieve  service  where,  having  made  a
  reasonable effort, such officer or designated person is unable to locate
  and serve the temporary order of protection or order  of  protection  at
  any  address  provided  by  the  party requesting the order. A statement
  subscribed by the officer or designated person, and affirmed by  him  or
  her  to  be  true  under  the  penalties  of perjury, stating the papers
  served, the date, time, address or in the event  there  is  no  address,
  place,  and manner of service, the name and a brief physical description
  of the party served, shall be proof of service of the summons,  petition
  and  temporary  order  of  protection  or  order of protection. When the
  temporary order of protection or order of protection and  other  papers,
  if  any,  have  been  served,  such  officer  or designated person shall
  provide the court with  an  affirmation,  certificate  or  affidavit  of
  service  and  shall  provide  notification  of the date and time of such
  service to the  statewide  computer  registry  established  pursuant  to
  section two hundred twenty-one-a of the executive law.

    3-b.  Emergency powers; local criminal court. If the court that issued
  an order of protection or  temporary  order  of  protection  under  this
  section  or  warrant  in  connection  thereto  is not in session when an
  arrest is made for an alleged violation of the order or upon  a  warrant
  issued  in  connection with such violation, the arrested person shall be
  brought before a local criminal court in the county of arrest or in  the
  county  in  which  such  warrant  is  returnable pursuant to article one
  hundred twenty of the criminal  procedure  law  and  arraigned  by  such
  court.  Such  local  criminal  court  shall  order the commitment of the
  arrested person to the custody of the sheriff, admit to, fix  or  accept
  bail,  or release the arrested person on his or her recognizance pending
  appearance in the court that issued the order of  protection,  temporary
  order  of  protection  or  warrant.  In  making  such  order, such local
  criminal court shall consider the bail recommendation, if any,  made  by
  the  supreme  or family court as indicated on the warrant or certificate
  of warrant. Unless the petitioner or complainant requests otherwise, the
  court, in addition to scheduling further criminal proceedings,  if  any,
  regarding  such  alleged  family  offense or violation allegation, shall
  make  such  matter  returnable  in  the  supreme  or  family  court,  as
  applicable, on the next day such court is in session.
    3-c.  Orders  of  protection;  filing  and enforcement of out-of-state
  orders. A valid order of protection or  temporary  order  of  protection
  issued   by   a  court  of  competent  jurisdiction  in  another  state,
  territorial or tribal jurisdiction shall  be  accorded  full  faith  and
  credit and enforced as if it were issued by a court within the state for
  as  long  as  the order remains in effect in the issuing jurisdiction in
  accordance with sections two thousand two  hundred  sixty-five  and  two
  thousand  two  hundred  sixty-six of title eighteen of the United States
  Code.
    a. An order issued by a court of  competent  jurisdiction  in  another
  state, territorial or tribal jurisdiction shall be deemed valid if:
    (1)  the  issuing court had personal jurisdiction over the parties and
  over the subject matter under the law of the issuing jurisdiction;
    (2) the person against whom the order was issued had reasonable notice
  and an opportunity to be heard prior to issuance of the order; provided,
  however, that if the order was a temporary order of protection issued in
  the absence of such person, that notice  had  been  given  and  that  an
  opportunity  to be heard had been provided within a reasonable period of
  time after the issuance of the order; and
    (3) in the case  of  orders  of  protection  or  temporary  orders  of
  protection issued against both a petitioner and respondent, the order or
  portion  thereof  sought to be enforced was supported by: (i) a pleading
  requesting such order,  including,  but  not  limited  to,  a  petition,
  cross-petition  or  counterclaim;  and  (ii) a judicial finding that the
  requesting party is entitled to the issuance of  the  order,  which  may
  result  from  a  judicial  finding  of  fact,  judicial acceptance of an
  admission by the party against whom the order  was  issued  or  judicial
  finding  that  the  party  against  whom  the  order was issued had give
  knowing, intelligent and voluntary consent to its issuance.
    b. Notwithstanding the provisions of article fifty-four of  the  civil
  practice  law  and  rules,  an order of protection or temporary order of
  protection issued by a court of competent jurisdiction in another state,
  territorial or tribal jurisdiction, accompanied  by  a  sworn  affidavit
  that  upon information and belief such order is in effect as written and
  has not been vacated or modified, may be  filed  without  fee  with  the
  clerk  of the court, who shall transmit information regarding such order
  to  the  statewide  registry  of  orders  of  protection  and   warrants
  established   pursuant  to  section  two  hundred  twenty-one-a  of  the

  executive law; provided, however, that such filing  and  registry  entry
  shall not be required for enforcement of the order.
    4.  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 current order of support. Additionally,
  a  new  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. 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.
    (1) Upon mailing 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 to submit to the court identified  thereon  specific
  written objections to such finding and proposed order.
    (a) 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 then 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.
    (b) 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.
    (c) 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 after
  a remand by the court shall be effective as of  the  date  the  proposed
  adjusted  order  would  have  been  effective  had  no  specific written
  objections been filed.
    (d) 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  as  submitted  by  the  support
  collection unit, which shall be effective as of the date the order would
  have been effective had no specific written exceptions been filed.
    (e)  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 enter the order without
  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.
    (2) 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.
    * 5. Provision of child support orders to the state case registry. The
  court  shall  direct  that a copy of any child support or combined child
  and spousal support order issued by the court on or after the first  day
  of  October, nineteen hundred ninety-eight, in any proceeding under this
  section be provided promptly to  the  state  case  registry  established
  pursuant  to  subdivision  four-a of section one hundred eleven-b of the
  social services law.
    * NB There are 2 subdivision 5's
    * 5. 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 two hundred forty-c of this
  article.
    * NB There are 2 subdivision 5's