You have received a copy of an Order of Support signed by the Family Court Magistrate and the findings of fact upon which the order is based. THIS ORDER MUST BE OBEYED.
Either party has the right to file specific written objections to this order. Objections must be filed with the Family Court Clerk within thirty (30) days of the date the order was received in court or personally served, or, of the order was received by mail, within thirty five (35) days from the date this order was mailed. The objections will then be reviewed by a Family Court Judge. Even though the objection has been filed, the amount of support ordered by the Court Magistrate MUST continue to be paid unless and until a Judge signs a different order.
PROCEDURES FOR FILING OBJECTIONS
1. The objection must be in writing and contain the name, file
number and docket number of the case.
2. The reason for your objections and the parts of the order
objected to must be clearly stated.
3. The opposing party must be served with a copy of the objections,
either in person or by mail and an "Affidavit of Service" must be completed.
(See form on back of this sheet.)
4. The original copy of the objections and the Affidavit of Service
must be filed with the Family Court Clerk where the order was entered within
thirty (30) days of the date the order was received in Court or personally
served, or, if the order was received by mail, within thirty five (35)
days of the mailing of the order.
5. A transcript of any hearing held will not by necessary unless
the Judge requires it. If so, the Family Court Clerk will provide
information necessary to obtain a transcript. The party filing the
objection must pay for the cost of the transcript.
6. If an objecting party cannot afford to pay for the transcripts
when required, the Family Court Clerk will provide information for obtaining
the transcripts without charge.
7. The party served with the objections has a right to file a
rebuttal. A rebuttal is an answer to the objections.
PROCEDURES FOR FILING A REBUTTAL
1. A rebuttal to objections must be in writing and contain the
name, file number and docket
number of the case.
2. The rebuttal must state the date the objections were received,
the specific objections being
answered, and the reason for the rebuttal.
3. The opposing party must be served with a copy of the rebuttal,
either in person or by mail,
within thirteen (13) days after receipt of the objection, and an "Affidavit
of Service" must be
completed. (See form on the back of this sheet.)
4. The original copy of the rebuttal and the Affidavit of Service
must be filed with the Family
Court Clerk within the thirteen (13) day period.
AFFIDAVIT OF SERVICE BY MAIL
Case Name: _______________________________________________, Petitioner, vs.
_______________________________________________, Respondent
Docket No. ______________________ File No. ________________
Order Entered ______________________ (Date)
State of New York )
County of Tompkins) ss:
I, ___________________________, being duly sworn, depose and say that I am over 18 years of age and that I reside at _____________________________________________________________________________________________
Deponent affirms that on __________________________ deponent served a copy of the within OBJECTIONS/REBUTTAL to the order entered, in this matter upon the following persons at the addresses stated below, by depositing the same in a postpaid, properly addressed envelope, in a post office or official depository under the exclusive care and custody of the United States Postal Service, within the State of New York as follows:
1. Name _________________________________________________________________
Address _________________________________________________________________
2. Name _________________________________________________________________
Address _________________________________________________________________
3. Name _________________________________________________________________
Address _________________________________________________________________
4. Name _________________________________________________________________
Address _________________________________________________________________
Date: ___________________________
____________________________________________
Signature of Person Mailing
Objections or Rebuttal
Subscribed and sworn to before me
this ____ day of __________, 20___
______________________________
Notary Public