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A04880 Summary:

BILL NOA04880A
 
SAME ASSAME AS S04555-A
 
SPONSORGonzalez-Rojas
 
COSPNSRLevenberg, Tapia, Shimsky, Romero, Carroll P
 
MLTSPNSR
 
Rpld §24, amd §§109, 110 & 70, add Art 7 Title 5 §§118 - 120, Dom Rel L; rpld §417, add Art 5-D §§582 - 587, amd §§516-a & 413, Fam Ct Act; amd §4135-b, Pub Health L
 
Establishes confirmatory adoptions providing for the adoption of children born as a result of assisted reproduction; allows for more than two persons to be named parents of a child; establishes presumed parentage and provides for the challenge and adjudication thereof; repeals certain provisions of the domestic relations law and the family court act relating thereto.
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A04880 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4880--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2025
                                       ___________
 
        Introduced  by M. of A. GONZALEZ-ROJAS, LEVENBERG, TAPIA, SHIMSKY, ROME-
          RO, P. CARROLL -- read once and referred to the Committee on Judiciary
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        AN ACT to amend the domestic relations law, the family court act and the
          public  health law, in relation to establishing confirmatory adoptions
          and allowing courts to grant multi-parent adoption petitions;  and  to
          repeal certain provisions of the domestic relations law and the family
          court act relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 109 of the domestic relations  law  is  amended  by
     2  adding five new subdivisions 8, 9, 10, 11 and 12 to read as follows:
     3    8.  "Assisted  reproduction" shall have the same meaning as in section
     4  581-102 of the family court act.
     5    9. "Donor" shall have the same meaning as in section  581-102  of  the
     6  family court act.
     7    10.  "Marriage" shall have the same meaning as in section five hundred
     8  eighty-two of the family court act.
     9    11. "Parent" shall have the same meaning as in section 581-102 of  the
    10  family court act.
    11    12.  "Presumed  parent" shall have the same meaning as in section five
    12  hundred eighty-two of the family court act.
    13    § 2. Section 110 of the domestic relations law, as amended by  chapter
    14  254 of the laws of 1991, the opening paragraph as amended by chapter 509
    15  of  the  laws  of  2010,  the seventh undesignated paragraph as added by
    16  chapter 522 of the laws of 1999 and the closing paragraph  as  added  by
    17  chapter 258 of the laws of 2019, is amended to read as follows:
    18    §  110.  Who may adopt; effect of article.  An adult unmarried person,
    19  an adult married couple together, or any [two] unmarried [adult intimate
    20  partners] adults who intend to parent together may adopt another person.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08775-04-5

        A. 4880--A                          2
 
     1  An adult married person who is living separate and apart  from  [his  or
     2  her]  their  spouse  pursuant  to  a decree or judgment of separation or
     3  pursuant to a written agreement of separation subscribed by the  parties
     4  thereto  and  acknowledged  or  proved in the form required to entitle a
     5  deed to be recorded or an adult married person who has been living sepa-
     6  rate and apart from [his or her] their spouse for at least  three  years
     7  prior  to  commencing  an  adoption proceeding may adopt another person;
     8  provided, however, that the person so adopted shall not  be  deemed  the
     9  child  or  step-child  of  the  non-adopting  spouse for the purposes of
    10  inheritance or support rights or obligations or for any other  purposes.
    11  An adult or minor married couple together may adopt a child of either of
    12  them  [born in or out of wedlock] and an adult or minor spouse may adopt
    13  such a child of the other spouse. No person shall hereafter  be  adopted
    14  except  in  pursuance  of  this  article, and in conformity with section
    15  three hundred seventy-three of the social services law.
    16    An adult married person who has executed a legally  enforceable  sepa-
    17  ration  agreement or is a party to a marriage in which a valid decree of
    18  separation has been entered or has been living separate and  apart  from
    19  [his  or  her] their spouse for at least three years prior to commencing
    20  an adoption proceeding and who becomes or has been the  custodian  of  a
    21  child  placed in their care as a result of court ordered foster care may
    22  apply to such authorized agency for placement of said  child  with  them
    23  for  the  purpose  of  adoption. Final determination of the propriety of
    24  said adoption of such foster child, however, shall be  within  the  sole
    25  discretion of the court, as otherwise provided herein.
    26    Adoption is the legal proceeding whereby a person takes another person
    27  into  the  relation  of child and thereby acquires the rights and incurs
    28  the responsibilities of parent in respect of such other person.
    29    A proceeding conducted in pursuance of this article shall constitute a
    30  judicial proceeding. An order of adoption or abrogation made therein  by
    31  a  surrogate  or by a judge shall have the force and effect of and shall
    32  be entitled to all the presumptions attaching to a judgment rendered  by
    33  a court of general jurisdiction in a common law action.
    34    No  adoption heretofore lawfully made shall be abrogated by the enact-
    35  ment of this article. All such adoptions shall have the effect of lawful
    36  adoptions hereunder.
    37    Nothing in this article in regard to a minor adopted  pursuant  hereto
    38  inheriting from the adoptive parent applies to any will, devise or trust
    39  made  or  created  before  June  twenty-fifth, eighteen hundred seventy-
    40  three, nor alters, changes or  interferes  with  such  will,  devise  or
    41  trust.  As to any such will, devise or trust a minor adopted before that
    42  date is not an heir so as to alter estates or trusts or devises in wills
    43  so made or created. Nothing in  this  article  in  regard  to  an  adult
    44  adopted  pursuant  hereto inheriting from the adoptive parent applies to
    45  any will, devise or trust made or created  before  April  twenty-second,
    46  nineteen  hundred  fifteen,  nor alters, changes or interferes with such
    47  will, devise or trust. As to any such will, devise or trust an adult  so
    48  adopted  is  not  an heir so as to alter estates or trusts or devises in
    49  wills so made or created.
    50    It shall be unlawful to preclude  a  prospective  adoptive  parent  or
    51  parents solely on the basis that the adoptor or adopters has had, or has
    52  cancer, or any other disease. Nothing herein shall prevent the rejection
    53  of  a prospective applicant based upon [his or her] their poor health or
    54  limited life expectancy.
    55    A petition to adopt, pursuant to the terms of this article, where  the
    56  petitioner's  parentage  is  legally-recognized under New York State law

        A. 4880--A                          3
 
     1  shall not be denied solely on the basis that the petitioner's  parentage
     2  is already legally-recognized.
     3    §  3.  Article  7 of the domestic relations law is amended by adding a
     4  new title 5 to read as follows:
     5                                    TITLE V
     6                           CONFIRMATORY ADOPTIONS
     7  Section 118. General provisions relating to confirmatory adoption.
     8          119. Order of confirmatory adoption.
     9          120. Effect of confirmatory adoption.
    10    § 118. General provisions relating to confirmatory adoption. 1.  When-
    11  ever a child is born as a result of assisted reproduction and the person
    12  or  persons  who did not give birth is a parent under section 581-303 of
    13  the family court act or a presumed parent of  the  child  under  section
    14  five  hundred  eighty-three of the family court act and the parents seek
    15  to file a petition to confirm  parentage  through  an  adoption  of  the
    16  child,  the  court  shall  permit  the  parents  to  file a petition for
    17  adoption in accordance with this title.
    18    2. Notwithstanding section one hundred fifteen of this article or  any
    19  provision  of  law to the contrary, a petition for confirmatory adoption
    20  shall be signed by each petitioner under  oath  and  shall  include  the
    21  following:
    22    (a)  A  petition for confirmatory adoption, signed by all petitioners;
    23  and
    24    (b) A copy of the petitioners' marriage certificate,  if  any  of  the
    25  petitioners are married; and
    26    (c)  A  declaration  signed  by all petitioners explaining the circum-
    27  stances of the child's birth through assisted reproduction, attesting to
    28  their consent to assisted reproduction, and attesting that no  competing
    29  claims of parentage exist; and
    30    (d) A certified copy of the child's birth certificate.
    31    3.  Notwithstanding section one hundred fifteen of this article or any
    32  provision of law to the contrary,  submission  of  a  complete  petition
    33  under  this  section  constitutes  notice  of and written consent to the
    34  confirmatory adoption and the  court  may  not  require  any  additional
    35  notice to or consent by any petitioner.
    36    4.  Notwithstanding sections one hundred eleven, one hundred eleven-a,
    37  one hundred fifteen, and one hundred fifteen-b of this  article  or  any
    38  provision  of  law  to  the contrary, if a petitioner under this section
    39  conceived through assisted reproduction using  a  donor  who  is  not  a
    40  parent  pursuant  to  section 581-302 of the family court act, the court
    41  may not require notice of the confirmatory adoption to that donor or the
    42  consent of that donor to the confirmatory adoption.
    43    5. Unless otherwise ordered by the court  for  good  cause  shown  and
    44  supported by written findings of the court demonstrating good cause, for
    45  purposes of evaluating and granting a petition for confirmatory adoption
    46  pursuant to this section, the court shall not require:
    47    (a) A hearing or appearance; or
    48    (b)  Certification  pursuant  to section one hundred fifteen-d of this
    49  article or any of the requirements included therein, including  but  not
    50  limited to an investigation or criminal background check; or
    51    (c)  Orders  of  investigation, waiting periods, or any other require-
    52  ments included in section one hundred sixteen of this article; or
    53    (d) A best interest assessment pursuant to section one  hundred  four-
    54  teen or one hundred sixteen of this article; or
    55    (e) A minimum residency period in the home of the petitioners.

        A. 4880--A                          4

     1    § 119. Order  of  confirmatory  adoption. 1. The court shall grant the
     2  confirmatory adoption petition under section  one  hundred  eighteen  of
     3  this  title and issue an adoption decree within thirty days upon finding
     4  that either:
     5    (a) The child was born through assisted reproduction to parents joined
     6  in  marriage,  one of the petitioners gave birth to the child, and there
     7  are no competing claims of parentage; or
     8    (b) The child was born through assisted reproduction with the  consent
     9  of  all petitioners, one of the petitioners gave birth to the child, and
    10  the other petitioner or petitioners are parents under section 581-303 of
    11  the family court act or presumed parents of the child under section five
    12  hundred eighty-three of the family court act, and there are no competing
    13  claims of parentage.
    14    2. A petition to adopt a child pursuant to section one  hundred  eigh-
    15  teen  of  this  title  shall  not be denied on the basis that any of the
    16  petitioners' parentage is already presumed or legally-recognized in  New
    17  York,  nor  shall  a petition be denied on the basis that there are more
    18  than two petitioners.
    19    § 120. Effect of confirmatory adoption. 1. An  order  of  confirmatory
    20  adoption shall include all effects of adoption under section one hundred
    21  seventeen  of  this  article except that the termination of the parental
    22  duties and responsibilities, and rights over the child or to property by
    23  descent or succession of an existing parent or parents shall  not  apply
    24  if such termination would be inconsistent with the order of confirmatory
    25  adoption.
    26    2.  When  parentage is presumed or legally-recognized under state law,
    27  the fact that a party did not petition for adoption shall not be consid-
    28  ered as evidence when two or more presumptions conflict, nor  in  deter-
    29  mining the best interest of the child.
    30    §  4.  Subdivision (a) of section 70 of the domestic relations law, as
    31  amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
    32  follows:
    33    (a)  Where  a  minor child is residing within this state, [either] any
    34  parent may apply to the supreme court for a writ  of  habeas  corpus  to
    35  have such minor child brought before such court; and on the return ther-
    36  eof,  the  court,  on due consideration, may award the natural guardian-
    37  ship, charge and custody of such child to [either] any parent  for  such
    38  time,  under such regulations and restrictions, and with such provisions
    39  and directions, as the case may require, and may at any time  thereafter
    40  vacate  or modify such order. In all cases there shall be no prima facie
    41  right to the custody of the child in [either] any parent, but the  court
    42  shall determine solely what is for the best interest of the child, based
    43  on  factors listed in paragraphs one, two, three and four of subdivision
    44  (a) of section five hundred eighty-six of the family court act, and what
    45  will best promote [its] the child's  welfare  and  happiness,  and  make
    46  award  accordingly.    Where  a court deems it to be in the child's best
    47  interest, based on factors listed in paragraphs one, two, three and four
    48  of subdivision (a) of section five  hundred  eighty-six  of  the  family
    49  court act, the court may award custody to more than two parents.
    50    § 5. Section 24 of the domestic relations law is REPEALED.
    51    § 6. Section 417 of the family court act is REPEALED.
    52    §  7.  The  family court act is amended by adding a new article 5-D to
    53  read as follows:
    54                                  ARTICLE 5-D
    55                             PRESUMED PARENTAGE
    56  Section 582. Definitions.

        A. 4880--A                          5
 
     1          583. Presumption of parentage.
     2          584. Challenge to a presumed parent.
     3          585. Adjudicating parentage of child with presumed parent.
     4          586. Adjudicating competing claims of parentage.
     5          587. Preservation of parent-child relationship.
     6    § 582. Definitions. In this article:
     7    (a) "Marriage" means the legally recognized union of two people or any
     8  legal  relationship  between  two people that provides substantially the
     9  same rights, benefits, and responsibilities of marriage  and  is  recog-
    10  nized  as  valid  in  the state or jurisdiction in which it was entered,
    11  including, but not limited to, civil unions.
    12    (b) "Parent" shall have the same meaning as in section 581-102 of this
    13  act.
    14    (c) "Presumed parent" means an individual who  under  section  583  of
    15  this  act  is presumed to be a parent of a child, unless the presumption
    16  is overcome in a judicial proceeding, or a court adjudicates  the  indi-
    17  vidual to be a parent.
    18    § 583. Presumption of parentage. (a) An individual is presumed to be a
    19  parent of a child if:
    20    (1) Except as otherwise provided under section 581-406 of this act:
    21    (i)  the  individual  and  the  person who gave birth to the child are
    22  married to each other and the child is born during the marriage, regard-
    23  less of whether the marriage is or could be declared invalid; or
    24    (ii) the individual and the person who gave birth to  the  child  were
    25  married to each other and the child is born not later than three hundred
    26  days  after  the  marriage is terminated by death, divorce, dissolution,
    27  annulment, or declaration  of  invalidity,  regardless  of  whether  the
    28  marriage is or could be declared invalid; or
    29    (iii)  the  individual  and  the  person  who  gave birth to the child
    30  married each other after the birth of the child, regardless  of  whether
    31  the marriage is or could be declared invalid, the individual at any time
    32  asserted parentage of the child, and:
    33    (A)  The  assertion  is  in a record filed with a state or city agency
    34  maintaining birth records; or
    35    (B) The individual agreed to be and is named as a parent of the  child
    36  on the birth certificate of the child; or
    37    (iv)  the  individual resided in the same household with the child and
    38  openly held out the child as the individual's own child for a period  of
    39  at least one year, including any period of temporary absence.
    40    (b) A presumption of parentage under this section may be overcome, and
    41  competing  claims  to  parentage may be resolved only by an adjudication
    42  under section five hundred eighty-four or  five  hundred  eighty-six  of
    43  this article.
    44    §  584.  Challenge to a presumed parent. During a child's minority, an
    45  existing parent of the child may challenge a  presumption  of  parentage
    46  under  subparagraph  (iv) of paragraph one of subdivision (a) of section
    47  five hundred eighty-three of this article with evidence that the  parent
    48  openly  held  out  the  child  as  the presumptive parent's child due to
    49  duress, coercion, or threat of harm.
    50    § 585. Adjudicating parentage of child with  presumed  parent.  (a)  A
    51  civil  proceeding  may  be  maintained  to adjudicate the parentage of a
    52  child under the circumstances set forth in this article. This proceeding
    53  shall be governed by the civil practice law and rules.
    54    (b) A proceeding to adjudicate parentage of a  presumed  parent  of  a
    55  child shall be commenced before the child turns twenty-one years old.

        A. 4880--A                          6

     1    (c)  A petition for a judgment of parentage or nonparentage of a child
     2  with a presumed parent may be initiated by:
     3    (1)  a  child,  who  may be, but is not required to be, a party to the
     4  proceeding; or
     5    (2) a parent; or
     6    (3) a presumed parent.
     7    (d) If the presumed parent and the person who gave birth to the  child
     8  are  the  only individuals with claims to parentage of the child, and if
     9  no party to the proceeding challenges the presumed parent's parentage of
    10  the child, the court shall adjudicate the presumed parent to be a parent
    11  of the child.
    12    (e) If any party to  the  proceeding  challenges  the  presumption  of
    13  parentage  pursuant to section five hundred eighty-four of this article,
    14  the court shall adjudicate the parentage of the child in the best inter-
    15  est of the child based on the factors listed  in  paragraphs  one,  two,
    16  three  and four of subdivision (a) of section five hundred eighty-six of
    17  this article.
    18    (f) If in a proceeding to adjudicate a presumed parent's parentage  of
    19  a  child, another individual in addition to the person who gave birth to
    20  the child asserts a claim to parentage of the  child,  the  court  shall
    21  adjudicate  parentage  under  sections  five hundred eighty-six and five
    22  hundred eighty-seven of this article and issue  judgments  of  parentage
    23  and/or nonparentage in accordance with its findings.
    24    § 586. Adjudicating competing claims of parentage. (a) In a proceeding
    25  to  adjudicate  competing  claims of parentage of a child by two or more
    26  individuals, the court shall adjudicate parentage in the  best  interest
    27  of the child, based on:
    28    (1) the age of the child; and
    29    (2)  the  length of time during which each individual assumed the role
    30  of parent of the child; and
    31    (3) the nature of the relationship between the child and each individ-
    32  ual; and
    33    (4) the harm to the child if the relationship between  the  child  and
    34  each individual is not recognized; and
    35    (5)  the  basis for each individual's claim to parentage of the child;
    36  and
    37    (6) other  equitable  factors  arising  from  the  disruption  of  the
    38  relationship  between the child and each individual or the likelihood of
    39  other harm to the child.
    40    § 587. Preservation of parent-child  relationship.  (a)  A  court  may
    41  adjudicate a child to have more than two parents if the court finds that
    42  such adjudication is in the best interest of the child. A finding of the
    43  best  interest  of the child shall not require a finding of unfitness of
    44  any parent or person seeking an adjudication of parentage. In  determin-
    45  ing  the  best interest of the child, the court shall consider all rele-
    46  vant factors, including factors listed in paragraphs one, two, three and
    47  four of subdivision (a) of section five hundred eighty-six of this arti-
    48  cle, and the intention of parents to raise a child together, including a
    49  pre-conception agreement to parent or agreement to parent at  any  other
    50  point in the child's life.
    51    (b)  If a court has adjudicated a child to have more than two parents,
    52  the law of this state other than this act applies to  determinations  of
    53  legal  and  physical  custody of, or visitation with, such child, and to
    54  obligations to support such child.   A court of  competent  jurisdiction
    55  shall  consider  the  child support guidelines and the criteria for such
    56  awards established in  section  two  hundred  forty-b  of  the  domestic

        A. 4880--A                          7
 
     1  relations law and section four hundred thirteen of this act in making or
     2  modifying orders of support of the child.
     3    §  8.  Subdivision  (c)  of  section 516-a of the family court act, as
     4  amended by section 15 of part L of chapter 56 of the laws  of  2020,  is
     5  amended to read as follows:
     6    (c) An acknowledgment of parentage is void if, at the time of signing,
     7  any of the following are true:
     8    (i)  a  person  other than the signatories is a presumed parent of the
     9  child pursuant to [section twenty-four of the  domestic  relations  law]
    10  section five hundred eighty-three of this act;
    11    (ii) a court has entered a judgment of parentage of the child;
    12    (iii)  another  person  has signed a valid acknowledgment of parentage
    13  with regard to the child;
    14    (iv) the child has a parent pursuant to section 581-303 of [the family
    15  court] this act other than the signatories;
    16    (v) a signatory is a gamete donor under section 581-302 of [the family
    17  court] this act; or
    18    (vi) the acknowledgment is signed by a person who  asserts  that  they
    19  are  a  parent under section 581-303 of [the family court] this act of a
    20  child conceived through assisted reproduction, but  the  child  was  not
    21  conceived through assisted reproduction.
    22    §  9.  Paragraph  (d) of subdivision 1 of section 4135-b of the public
    23  health law, as added by section 8 of part L of chapter 56 of the laws of
    24  2020, is amended to read as follows:
    25    (d) An acknowledgment of parentage is void if, at the time of signing,
    26  any of the following are true:
    27    (i) A person other than the signatories is a presumed  parent  of  the
    28  child  under [section twenty-four of the domestic relations law] section
    29  five hundred eighty-three of the family court act;
    30    (ii) A court has entered a judgment of parentage of the child;
    31    (iii) Another person has signed a valid  acknowledgment  of  parentage
    32  with regard to the child;
    33    (iv)  The child has a parent under section 581-303 of the family court
    34  act other than the signatories;
    35    (v) A signatory is a gamete donor under section 581-302 of the  family
    36  court act;
    37    (vi)  The  acknowledgment  is signed by a person who asserts that they
    38  are a parent under section 581-303 of the family court act  of  a  child
    39  conceived through assisted reproduction, but the child was not conceived
    40  through assisted reproduction.
    41    §  10.  Subparagraphs  2  and  4  of paragraph (b) of subdivision 1 of
    42  section 413 of the family court act, as amended by chapter  567  of  the
    43  laws of 1989, are amended to read as follows:
    44    (2)  "Child  support"  shall  mean  a sum to be paid pursuant to court
    45  order or decree by [either or both] one or more parents or pursuant to a
    46  valid agreement between the parties for care, maintenance and  education
    47  of any unemancipated child under the age of twenty-one years.
    48    (4)  "Combined  parental  income"  shall mean the sum of the income of
    49  [both] all parents.
    50    § 11. Clause (vi) of subparagraph 5 of paragraph (c) of subdivision  1
    51  of  section  413 of the family court act, as added by chapter 215 of the
    52  laws of 2009, is amended to read as follows:
    53    (vi) Upon proof by [either] any party that cash medical support pursu-
    54  ant to clause (ii), (iii), (iv) or (v) of  this  subparagraph  would  be
    55  unjust  or inappropriate pursuant to paragraph (f) of subdivision one of
    56  this section, the court shall:

        A. 4880--A                          8
 
     1    (A) order the parties to pay cash medical support as the  court  finds
     2  just and appropriate, considering the best interests of the child; and
     3    (B)  set  forth  in  the  order  the factors it considered, the amount
     4  calculated under this subparagraph, the reason or reasons the court  did
     5  not order such amount, and the basis for the amount awarded.
     6    §  12.  Subparagraphs  6  and  7  of paragraph (f) of subdivision 1 of
     7  section 413 of the family court act, as amended by chapter  567  of  the
     8  laws of 1989, are amended to read as follows:
     9    (6) The educational needs of [either] any parent;
    10    (7)  A  determination  that  the gross income of one or more parent is
    11  substantially less than [the other] another parent's gross income;
    12    § 13. Paragraphs (g), (i) and (j) of subdivision 1 of section  413  of
    13  the  family  court act, paragraphs (g) and (i) as amended by chapter 436
    14  of the laws of 2011 and paragraph (j) as amended by chapter  59  of  the
    15  laws of 1993, are amended to read as follows:
    16    (g)  Where  the  court  finds that the non-custodial parent's pro rata
    17  share of the basic child support obligation is unjust or  inappropriate,
    18  the  court  shall  order  the non-custodial parent to pay such amount of
    19  child support as the court finds just and  appropriate,  and  the  court
    20  shall  set  forth,  in  a  written order, the factors it considered; the
    21  amount of each party's pro rata share of the basic child  support  obli-
    22  gation;  and  the  reasons  that the court did not order the basic child
    23  support obligation. Such written order may not be waived by [either] any
    24  party or counsel;  provided,  however,  and  notwithstanding  any  other
    25  provision  of  law,  including  but  not limited to section four hundred
    26  fifteen of this part, the court shall not find  that  the  non-custodial
    27  parent's pro rata share of such obligation is unjust or inappropriate on
    28  the  basis  that  such  share exceeds the portion of a public assistance
    29  grant which is attributable to a child or children. Where the non-custo-
    30  dial parent's income is less than or equal to the poverty income  guide-
    31  lines  amount  for a single person as reported by the federal department
    32  of health and human services, unpaid child support arrears in excess  of
    33  five hundred dollars shall not accrue.
    34    (i)  Where  [either or both] any of the parties are unrepresented, the
    35  court shall not enter an order or judgment other than a temporary  order
    36  pursuant  to  section two hundred thirty-seven of the domestic relations
    37  law, that includes a provision for child  support  unless  the  unrepre-
    38  sented party or parties have received a copy of the child support stand-
    39  ards  chart  promulgated  by the commissioner of the office of temporary
    40  and disability assistance pursuant to subdivision  two  of  section  one
    41  hundred eleven-i of the social services law. Where [either] any party is
    42  in  receipt  of  child  support  enforcement  services through the local
    43  social services district,  the  local  social  services  district  child
    44  support  enforcement  unit  shall  advise  such  party or parties of the
    45  amount derived from application of the child support percentage and that
    46  such amount serves as a starting point  for  the  determination  of  the
    47  child support award, and shall provide such party or parties with a copy
    48  of the child support standards chart.
    49    (j)  In  addition  to  financial  disclosure  required in section four
    50  hundred twenty-four-a of this article, the court may  require  that  the
    51  income and/or expenses of [either] any party be verified with documenta-
    52  tion including, but not limited to, past and present income tax returns,
    53  employer  statements,  pay  stubs,  corporate,  business, or partnership
    54  books and records, corporate and business tax returns, and receipts  for
    55  expenses  or  such  other  means of verification as the court determines
    56  appropriate. Nothing herein shall affect any  party's  right  to  pursue

        A. 4880--A                          9

     1  discovery pursuant to this chapter, the civil practice law and rules, or
     2  the family court act.
     3    §  14.  Paragraph  a  and  the opening paragraph and subparagraph 1 of
     4  paragraph b of subdivision 3 of section 413 of the family court act,  as
     5  amended  by  chapter  398  of  the  laws of 1997, are amended to read as
     6  follows:
     7    a. One-time adjustment of child support orders issued prior to Septem-
     8  ber fifteenth, nineteen  hundred  eighty-nine.  Any  party  to  a  child
     9  support  order  issued  prior  to  September fifteenth, nineteen hundred
    10  eighty-nine on the behalf of a child in receipt of public assistance  or
    11  child  support  services pursuant to section one hundred eleven-g of the
    12  social services law may request that the support collection unit  under-
    13  take one review of the order for adjustment purposes pursuant to section
    14  one  hundred  eleven-h  of  the  social  services  law. A hearing on the
    15  adjustment of such order shall be granted upon the objection of [either]
    16  any party pursuant to the provisions of this section. An order shall  be
    17  adjusted  if  as  of the date of the support collection unit's review of
    18  the correct amount of  child  support  as  calculated  pursuant  to  the
    19  provisions  of  this  section would deviate by at least ten percent from
    20  the child support ordered in the last permanent  support  order  of  the
    21  court.  Additionally, a new support order shall be issued upon a showing
    22  that the current order of support does not provide for the  health  care
    23  needs  of  the  child through insurance or otherwise. Eligibility of the
    24  child for medical  assistance  shall  not  relieve  any  obligation  the
    25  parties  otherwise  have  to  provide  for  the health care needs of the
    26  child. The support collection unit's review of  a  child  support  order
    27  shall  be made on notice to all parties to the current support order and
    28  shall be subject to the provisions of section four hundred twenty-four-a
    29  of this article. Nothing herein shall be deemed in  any  way  to  limit,
    30  restrict, expand or impair the rights of any party to file for a modifi-
    31  cation of a child support order as is otherwise provided by law.
    32    Upon receipt of an adjustment finding and where appropriate a proposed
    33  order  in conformity with such finding filed by [either] any party or by
    34  the support collection unit, a party shall have  thirty-five  days  from
    35  the  date  of  mailing  of  the adjustment finding and proposed adjusted
    36  order, if any, to submit to the court identified thereon specific  writ-
    37  ten objections to such finding and proposed order.
    38    (1) If specific written objections are submitted by [either] any party
    39  or  by  the support collection unit, a hearing shall be scheduled by the
    40  court on notice to the parties and  the  support  collection  unit,  who
    41  shall  have  the right to be heard by the court and to offer evidence in
    42  support of or in opposition to adjustment of the support order.
    43    § 15. This act shall take effect immediately.
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