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 seventeen. 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 section. (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 foregoing. 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. Top of Page
Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed for any losses suffered directly or indirectly by any person relying on the information because its accuracy or completeness cannot be guaranteed.