N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.31 - Duties of the probation service and procedures relating to the adjustment process (support)
(a) If the assistance of the probation
service is requested by the person seeking to file a petition for support, and
it appears that it may be possible to arrive at a voluntary agreement for
support, the adjustment process shall commence within 15 days from the date of
request, and shall include the person seeking to file a petition for support,
the potential respondent and any other person listed in subdivision (b) of
section
205.30
of this Part who wishes to participate therein. The probation service shall
permit any participant who is represented by a lawyer to be accompanied at any
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.
(b) If an
extension of the period of the adjustment process is sought, the probation
service shall apply in writing to the court and shall set forth the services
rendered, the date of commencement of those services, the degree of success
achieved and the services proposed to be rendered. The application shall set
forth the reasons why, in the opinion of the assigned probation officer,
additional time is needed to adjust the matter, and shall contain the signed
consent of the person seeking to file a petition for support.
(c) The probation service shall
discontinue its efforts at adjustment if, at any time:
(1) the person seeking to file a petition
for support or the potential respondent requests that it do so; or
(2) it appears to the probation
service that there is no reasonable likelihood that a voluntary agreement for
support will result.
(d) If the adjustment process is not
successfully concluded, the probation service shall notify all the persons who
participated therein, in writing:
(1) that the adjustment process has not
been successfully concluded and the reasons therefor; and
(2) that the person seeking to
file a petition for support is entitled to access to the court for that
purpose.
(e) If the adjustment process results in
an agreement for the support of the petitioner and any dependents:
(1) it shall be reduced to
writing by the probation service, shall be signed by both parties to it, and
shall be submitted to the court, together with a petition for approval of the
agreement and a proposed order incorporating the agreement; and
(2) if the agreement is approved
by the court, a copy of the order shall be furnished by the probation service
to the person seeking to file a petition for support and the potential
respondent, in person if they are present, and by mail if their presence has
been dispensed with by the court.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.