New York Petition Modification of Order of Commitment

State:
New York
Control #:
NY-3-24
Format:
PDF
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This form is an official State of New York Family Court sample form, a detailed Petition - Modification of Order of Commitment.

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FAQ

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

At the end of the case, the court can issue a permanent Order of Protection. It usually lasts one year. In certain circumstances, it can last up to five years.

Either person can ask the court to change the Order of Protection. The court might add exceptions to an Order of Protection to allow visitation with a child. The court might change a refrain from Order of Protection to a stay away Order of Protection if the situation worsened.

Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.

An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.

Typically, family court cannot forgive the debt of unpaid child support, but in certain circumstances, the court can stop the accrual of arrears above $500.If there is no violation petition, the non-custodial parent can file a modification petition to request the cap and a lower child support order.

Either parent or the CSEU can file a petition in Family Court to request a modification (change) to an existing child support order.

The default law (for support orders made nowadays), unless people opt out of them is that either party to a child support order may seek to modify it: every three years; if income changes by 15% or more; or there has otherwise been a substantial change of circumstances.

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New York Petition Modification of Order of Commitment