Article Guide
The New York 4-16 form plays a crucial role in family law proceedings, specifically addressing issues related to child support subpoenas. This form is utilized when an individual seeks to challenge, modify, or quash a subpoena that has been issued for child support records. It serves as a formal notice of motion, allowing the applicant to present their case before the Family Court. Key components of the form include the identification of the agency that issued the subpoena, the specific relief being requested, and the details surrounding the circumstances of the subpoena. Additionally, an affidavit must accompany the motion, providing sworn statements that support the applicant's claims. This ensures that the court has a clear understanding of the situation at hand. The form is structured to guide individuals through the process, ensuring that all necessary information is included to facilitate a fair hearing. By following the outlined steps, applicants can effectively communicate their concerns regarding the subpoena and seek appropriate relief from the court.
Preview - New York 4 16 Form
F.C.A. §153
S.S.L. §I I
C.P.L.R.§2304
Support Subpoena)
FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF
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In the Matter of a Proceeding Under Section 153 of the Family Court Act
Form
(Notice of Motion to Quash, Fix of Modify Conditions of a Child
8/2010
Docket No.
NOTICE OF MOTION TO
QUASH, FIX OR MODIFY
CONDITIONS OF A CHILD
SUPPORT SUBPOENA
(Name of person for whom records are sought)
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TO:
Name of Agency that issued subpoena
Address of Agency that issued subpoena
PLEASE TAKE NOTICE, that upon the annexed affidavit of
sworn to on |
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, a motion will be made before the |
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County Family Court at |
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on |
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soon thereafter as the parties can be heard for an order (state relief requested)
Applicant
Print or Type Name
Signature of Attorney, if any
Attorney's Name (Print or Type)
Attorney's Address and Telephone Number
Dated:,.
Form
.............................................................................Docket No.
In The M atter of a Proceeding Under Section 153 of the Family Court Act
AFFIDAVIT IN SUPPORT OF
M OTION TO QUASH, FIX OR
M ODIFY CONDITIONS OF A
CHILD SUPPORT SUBPOENA
(Name of person for whom records are sought)
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STATE OF NEW YORK |
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:ss.: |
COUNTY OF |
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being duly sworn deposes and states: |
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. Upon information and belief, a Family Court proceeding (has) (has not) been filed. (If filed, state Docket Number |
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.) |
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.That a child support subpoena was served upon (specify individual or entity) |
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at |
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(copy attached) |
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3.That relief from the following directive(s) in said subpoena should be granted for the following reasons:
Applicant
Print or Type Name
Signature of Attorney, if any
Attorney's Name (Print or Type)
Attorney's Address and Telephone Number
Sworn to |
before me this |
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day of |
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, |
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(Deputy) Clerk of the Court
Notary Public
Form Characteristics
| Fact Name | Details |
|---|---|
| Governing Laws | The New York 4-16 form is governed by Family Court Act §153, Social Services Law §111-p, and Civil Practice Law and Rules §2304. |
| Purpose | This form is used to request a court order to quash, fix, or modify the conditions of a child support subpoena. |
| Filing Location | The motion is filed in the County Family Court where the child support case is being heard. |
| Required Information | Applicants must provide the name of the person for whom records are sought and the agency that issued the subpoena. |
| Affidavit Requirement | An affidavit supporting the motion must be annexed to the form, detailing the reasons for the request. |
| Notification | Applicants must notify the agency that issued the subpoena about the motion being filed. |
| Signature Requirements | The form must be signed by the applicant and, if applicable, the attorney representing the applicant. |
| Hearing Schedule | The motion will be heard at a scheduled time as soon as the parties can be present before the court. |
| Date of Motion | The date of the motion must be clearly indicated, along with the docket number for the case. |
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