Section 542. Order of filiation  


Latest version.
  • (a) If the court finds the male party is
      the father of the child, it shall make an order of filiation,  declaring
      paternity.  Such  order  shall contain the social security number of the
      declared father.
        (b) If the respondent willfully  fails  to  appear  before  the  court
      subsequent  to  the administration and analysis of a genetic marker test
      or DNA test administered pursuant to sections four hundred eighteen  and
      five  hundred  thirty-two of this act or section one hundred eleven-k of
      the social  services  law,  and  if  such  test  does  not  exclude  the
      respondent as being the father of the child or the court determines that
      there exists clear and convincing evidence of paternity, the court shall
      enter  an  order  of temporary support notwithstanding that paternity of
      such child has not been established nor an order  of  filiation  entered
      against  the respondent.  The respondent shall be prospectively relieved
      from liability for support under such order of  temporary  support  upon
      the respondent's appearance before the court.
        (c) If the respondent willfully fails to comply with an  order made by
      either  the  court  pursuant  to sections four hundred eighteen and five
      hundred thirty-two of this act or  by  a  social  services  official  or
      designee pursuant to section one hundred eleven-k of the social services
      law,  and  willfully  fails  to  appear  before the court when otherwise
      required,  the  court  shall  enter  an  order  of   temporary   support
      notwithstanding  that  paternity  of  the  subject  child  has  not been
      established nor an order of filiation entered  against  the  respondent.
      The  respondent  shall  be  prospectively  relieved  from  liability for
      support under such order of  temporary  support  upon  the  respondent's
      compliance with such order and subsequent appearance before the court.