New York Law
Family Court Laws
Consolidated Laws of New York
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Part 5 - Article 5 - Family Court
||Proceedings to compel support by mother.
||Proceedings to compel support by mother and father.
||Paternity and support proceedings combined; apportionment.
||Order of filiation in other proceedings.
||A proceeding to challange testing directive.
S 561. Proceedings to compel support by mother. Proceedings may be
initiated under article four of this act to compel a mother who fails to
support her child to do so in accord with the provisions of article four
of this act.
S 562. Proceedings to compel support by mother and father.
Proceedings to compel a father who does not deny paternity of a child
and the mother of the child to support the child may be instituted in
accord with the provisions of article four of this act, unless an
agreement or compromise is made in accord with section five hundred
S 563. Paternity and support proceedings combined; apportionment.
When a proceeding to establish paternity is initiated under this
article, the court on its own motion or on motion of any person
qualified under article four of this act to file a support petition may
direct the filing of a petition under article four to compel the mother
to support her child. If the court enters an order of filiation, it may
apportion the costs of the support and education of the child between
the parents according to their respective means and responsibilities.
S 564. Order of filiation in other proceedings. (a) In any proceeding
in the family court, whether under this act or under any other law, if
there is an allegation or statement in a petition that a person is the
father of a child who is a party to the proceeding or also is a subject
of the proceeding and if it shall appear that the child is a child born
out-of-wedlock, the court may make an order of filiation declaring the
paternity of the child in accordance with the provisions of this
(b) The court may make such an order of filiation if (1) both parents
are before the court, (2) the father waives both the filing of a
petition under section five hundred twenty-three of this act and the
right to a hearing under section five hundred thirty-three of this act,
and (3) the court is satisfied as to the paternity of the child from the
testimony or sworn statements of the parents.
(c) The court may in any such proceeding in its discretion direct
either the mother or any other person empowered under section five
hundred twenty-two of this act to file a verified petition under section
five hundred twenty-three of this act.
(d) The provisions of part four of this article five shall apply to
any order of filiation made under this section. The court may in its
discretion direct a severance of proceedings upon such order of
filiation from the proceeding upon the petition referred to in
subdivision (a) of this section.
(e) For the purposes of this section the term "petition" shall include
a complaint in a civil action, an accusatory instrument under the
criminal procedure law, a writ of habeas corpus, a petition for
supplemental relief, and any amendment in writing of any of the
S 565. A proceeding to challenge testing directive. The court is
authorized to hear and decide motions to challenge a directive by the
department of social services requiring a party to submit to genetic
testing, pursuant to section one hundred eleven-k of the social services
law. Nothing contained in this section shall be deemed to preclude the
authority of a local social services district from filing a petition
pursuant to this article.
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