N.Y. Comp. Codes R. & Regs. tit. 22 § 205.30

Current through Register Vol. 46, No. 45, November 2, 2024

Section 205.30 - Preliminary probation conferences and procedures (support)

(a) Any person except a commissioner of social services, a social services official or a person who is receiving paternity and support services pursuant to section 111-g of the Social Services Law, seeking to file a petition for support under article 4 of the Family Court Act, may first be referred to the probation service concerning the advisability of filing a petition.

(b) The probation service shall be available to meet and confer concerning the advisability of filing a petition with the person seeking to file a petition for support, the potential respondent and any other interested person no later than the next regularly scheduled court day. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any preliminary conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition.

(c) At the first appearance at a conference by each of the persons listed in subdivision (b) of this section, the probation service shall inform such person concerning the function and limitations of, and the alternative to, the adjustment process, and that:

(1) the purpose of the adjustment process is to discover whether it will be possible to arrive at a voluntary agreement for support without filing a petition;

(2) the person seeking to file a petition for support is entitled to request that the probation service confer with him or her, the potential respondent and any other interested person concerning the advisability of filing a petition for support under article 4 of the Family Court Act;

(3) if the assistance of the probation service is not requested or, if requested, is subsequently declined, the person seeking to file a petition for support is entitled to have access to the court at any time for that purpose and may proceed to file a petition for support;

(4) the probation service is not authorized to, and shall not, compel any person, including the person seeking support, to appear at any conference, produce any papers or visit any place;

(5) the adjustment process must commence within 15 days from the date of the request for a conference, may continue for a period of two months from the date of that request, and may be extended for an additional 60 days upon written application to the court containing the consent of the person seeking to file a petition;

(6) if the adjustment process is not successful, the persons participating therein shall be notified in writing of that fact and that the person seeking to file a petition for support is entitled to access to the court for that purpose; and

(7) if the adjustment of the matter results in a voluntary agreement for support of the petitioner and any dependents:

(i) it shall be reduced to writing by the probation service, signed by both parties to it, and submitted to the Family Court for approval;

(ii) if the court approves it, the court may, without further hearing, enter an order for support pursuant to section 425 of the Family Court Act in accordance with the agreement;

(iii) the order when entered shall be binding upon the parties and shall in all respects be a valid order, and the Family Court may entertain a proceeding for enforcement of the order should there not be compliance with the order; and

(iv) unless the agreement is submitted to the Family Court and an order is issued, the Family Court will not entertain a proceeding for the enforcement of the agreement should the agreement not be complied with.

(d) If the adjustment process is not commenced, the probation service shall give written notice to the persons listed in subdivision (b) of this section that:

(1) the adjustment process will not be commenced, and the reasons therefor;

(2) the person seeking to file a petition for support is entitled to access to the court for that purpose; and

(3) if applicable, the adjustment process was not commenced on the ground that the court would not have jurisdiction over the case, and the question of the court's jurisdiction may be tested by filing a petition.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.30