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The New York Form 4-16 serves a crucial role in the family court system, particularly when it comes to child support matters. This form is designed for individuals or entities seeking to quash, fix, or modify the conditions of a child support subpoena. It is essential for those who believe that the subpoena may be overly burdensome or unjust. The form requires the applicant to provide specific details, including the name of the agency that issued the subpoena and the relevant docket number associated with the family court proceeding. Additionally, it necessitates an affidavit that outlines the reasons for the requested relief, ensuring that the court has a clear understanding of the applicant's position. By following the proper procedures outlined in this form, individuals can effectively communicate their concerns to the court, helping to protect their rights while navigating the complexities of child support obligations. Understanding how to complete and submit this form accurately is vital for anyone involved in a family court proceeding related to child support.

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F.C.A. §153

S.S.L. §I I l-p

C.P.L.R.§2304

Support Subpoena)

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF

.........................................................................................

In the Matter of a Proceeding Under Section 153 of the Family Court Act

Form 4-16

(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)

.........................................................................................

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

 

, a motion will be made before the

 

County Family Court at

 

 

on

 

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 4-16 Page 2

.............................................................................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)

............................................................................

STATE OF NEW YORK

)

 

:ss.:

COUNTY OF

)

 

 

 

 

 

 

being duly sworn deposes and states:

1

. Upon information and belief, a Family Court proceeding (has) (has not) been filed. (If filed, state Docket Number

 

 

 

.)

 

 

 

 

2

.That a child support subpoena was served upon (specify individual or entity)

 

 

 

at

 

 

 

(copy attached)

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

 

 

day of

 

 

,

 

 

.

(Deputy) Clerk of the Court

Notary Public

Form Specifications

Fact Name Details
Governing Law The New York Family Court Act (F.C.A. §153), Social Services Law (S.S.L. §111-p), and Civil Practice Law and Rules (C.P.L.R. §2304) govern the use of Form 4-16.
Purpose of Form Form 4-16 serves as a Notice of Motion to quash, fix, or modify conditions of a child support subpoena, providing a legal mechanism for individuals to contest subpoenas related to child support matters.
Filing Process Applicants must file the form in the appropriate Family Court, indicating the relief requested and providing necessary details about the subpoena and the parties involved.
Affidavit Requirement The form requires an affidavit to be annexed, which must be sworn to by the applicant, detailing the reasons for seeking to quash or modify the subpoena.
Service of Notice Notice of the motion must be served to the agency that issued the subpoena, ensuring that all parties are informed of the legal proceedings.
Deadline for Hearing The motion will be heard at the Family Court as soon as the parties can be heard, emphasizing the importance of timely resolution in child support matters.

New York 4 16: Usage Guidelines

Filling out the New York 4 16 form is an essential step when seeking to address issues related to a child support subpoena. Once completed, this form will be submitted to the Family Court, allowing you to formally request modifications or quashing of the subpoena's conditions.

  1. Begin by entering the name of the County where the Family Court is located at the top of the form.
  2. Fill in the docket number, which is typically assigned to your case by the court.
  3. Provide the name of the person for whom the records are sought in the appropriate space.
  4. Next, complete the section that includes the name and address of the agency that issued the subpoena.
  5. In the notice section, state the relief you are requesting clearly and concisely.
  6. Print or type your name in the designated area for the applicant.
  7. If you have an attorney, have them sign in the space provided and include their printed name, address, and telephone number.
  8. Date the form in the space provided at the bottom.
  9. Move on to the affidavit section. Here, indicate whether a Family Court proceeding has been filed and, if so, provide the docket number.
  10. Specify the individual or entity upon whom the child support subpoena was served.
  11. List the reasons why you believe relief from the subpoena should be granted.
  12. Finally, sign the affidavit in front of a notary public, who will also need to sign and stamp the document.

Your Questions, Answered

What is the purpose of the New York 4 16 form?

The New York 4 16 form is used to formally request the Family Court to quash, fix, or modify the conditions of a child support subpoena. This form is essential when an individual or entity believes that the subpoena is unreasonable or burdensome. By filing this motion, the applicant seeks relief from specific directives outlined in the subpoena that may infringe on their rights or privacy.

Who can file a New York 4 16 form?

Any individual or entity that has received a child support subpoena can file a New York 4 16 form. This includes parents, guardians, or other parties involved in a child support case. If the recipient believes that the subpoena's demands are excessive or unwarranted, they have the right to challenge it through this form.

What information is required to complete the New York 4 16 form?

To complete the New York 4 16 form, you will need to provide several key pieces of information. This includes the name of the person for whom records are sought, the name and address of the agency that issued the subpoena, and the docket number of the related Family Court proceeding. Additionally, you must detail the specific relief you are requesting and provide an affidavit supporting your motion.

How is the New York 4 16 form submitted?

The New York 4 16 form must be submitted to the Family Court in the county where the case is being heard. You will typically file it in person or through your attorney. After filing, a hearing date will be set, and all parties involved will be notified. It is important to ensure that all required information is accurate and complete to avoid delays in the process.

What happens after filing the New York 4 16 form?

Once the New York 4 16 form is filed, a motion hearing will be scheduled. During this hearing, the applicant will present their case for why the subpoena should be quashed, fixed, or modified. The court will then consider the arguments from both sides before making a decision. It is crucial for the applicant to prepare thoroughly, as the outcome will depend on the strength of the arguments presented.

Common mistakes

  1. Incomplete Information: Failing to provide all required details can lead to delays. Ensure that you fill in the name of the person for whom records are sought and the agency that issued the subpoena.

  2. Incorrect Docket Number: Entering the wrong docket number can cause confusion. Double-check this information to avoid complications in your case.

  3. Missing Signatures: Not signing the form can result in rejection. Both the applicant and any attorney must sign where indicated.

  4. Failure to Attach Supporting Documents: Forgetting to include necessary attachments, such as the affidavit or the copy of the subpoena, can hinder your motion. Always check that all required documents are included.

  5. Not Specifying Relief Requested: Vague requests can lead to misunderstandings. Clearly state what you are asking for in the motion to ensure the court understands your needs.

Documents used along the form

The New York 4 16 form is a critical document used in family court proceedings, particularly for addressing issues related to child support subpoenas. In addition to this form, several other documents are often utilized in conjunction with it. Below is a list of these forms, each serving a specific purpose in the legal process.

  • Affidavit of Service: This document confirms that the subpoena or motion has been delivered to the relevant parties. It includes details about when, where, and how the documents were served.
  • Notice of Petition: This is a formal notification to the other party about the legal action being taken. It outlines the relief being sought and provides essential details about the upcoming court date.
  • Child Support Worksheet: This form helps in calculating the appropriate amount of child support based on the income of both parents and the needs of the child. It serves as a guideline for the court's decision.
  • Financial Disclosure Affidavit: This document requires both parents to provide detailed information about their income, expenses, assets, and liabilities. It is crucial for determining child support obligations.
  • Proposed Order: This is a draft of the order that the applicant wishes the court to sign. It outlines the specific terms and conditions that the applicant is requesting.
  • Response to Motion: If a party wishes to oppose the motion filed using the New York 4 16 form, they must submit a written response. This document details their objections and arguments against the motion.
  • Subpoena Duces Tecum: This specific type of subpoena requires a person or organization to produce documents or records relevant to the case. It is often used to gather necessary evidence.
  • Order to Show Cause: This document requests the court to order a party to appear and explain why a certain action should not be taken. It is often used in urgent situations where immediate relief is needed.
  • Child Support Agreement: This is a voluntary agreement between parents outlining the terms of child support. It can be submitted to the court for approval to become an enforceable order.

Each of these documents plays a vital role in the family court process, ensuring that all parties have the necessary information and legal backing to proceed effectively. Understanding these forms can help streamline communication and enhance the chances of a favorable outcome in child support matters.

Similar forms

The New York 4 16 form, which is primarily used for motions related to child support subpoenas, shares similarities with several other legal documents. Each of these documents serves a specific purpose within family law and related proceedings. Below is a list of documents that are comparable to the New York 4 16 form:

  • Notice of Motion: This document initiates a request to the court for a specific order. Like the New York 4 16 form, it outlines the relief sought and provides details about the case.
  • Affidavit in Support: An affidavit is a sworn statement that supports a motion. Similar to the affidavit in the New York 4 16 form, it provides factual information to justify the request made to the court.
  • Child Support Modification Petition: This petition requests a change in existing child support orders. It parallels the New York 4 16 form in its focus on child support issues and the necessity for judicial review.
  • Subpoena Duces Tecum: This type of subpoena commands a person to produce documents. It is similar to the New York 4 16 form in that it involves the gathering of evidence for court proceedings.
  • Motion to Dismiss: This document requests the court to dismiss a case. Like the New York 4 16 form, it can be used to challenge the validity of a legal action, although it focuses on different grounds.
  • Request for Production of Documents: This request compels the other party to provide specific documents. It shares a common goal with the New York 4 16 form in seeking relevant information for the case.
  • Petition for Contempt: This petition is filed when a party believes another has violated a court order. It is akin to the New York 4 16 form as both address compliance with court directives.
  • Order to Show Cause: This document asks the court to order a party to explain why a specific action should not be taken. It is similar to the New York 4 16 form in its procedural nature and urgency in addressing legal matters.

Dos and Don'ts

When filling out the New York 4 16 form, it is important to follow specific guidelines to ensure the process goes smoothly. Here are five things you should and shouldn't do:

  • Do provide accurate information. Make sure names, addresses, and other details are correct.
  • Don't leave any sections blank. Fill in all required fields to avoid delays.
  • Do review your form before submission. Double-check for any errors or omissions.
  • Don't use legal jargon. Keep your language clear and straightforward.
  • Do submit the form on time. Ensure it is filed by any deadlines to avoid complications.

By following these guidelines, you can help ensure that your motion is processed efficiently and effectively.

Misconceptions

  • Misconception 1: The New York 4 16 form is only for parents.
  • This form can be utilized by any party involved in a child support case, not just parents. Guardians and other interested parties may also file a motion using this form.

  • Misconception 2: You cannot modify a child support subpoena.
  • The 4 16 form specifically allows individuals to request modifications to child support subpoenas. This process is in place to ensure that the needs of the child and the circumstances of the parties are fairly considered.

  • Misconception 3: Filing the 4 16 form guarantees that the subpoena will be quashed.
  • Filing the form initiates a legal process, but it does not guarantee a favorable outcome. The court will review the motion and make a decision based on the merits of the case.

  • Misconception 4: The form must be filed in person at the courthouse.
  • While filing in person is an option, many jurisdictions allow for electronic filing. It is important to check local court rules for specific filing procedures.

  • Misconception 5: You can ignore a child support subpoena if you disagree with it.
  • Ignoring a subpoena can lead to legal consequences. It is crucial to respond appropriately, either by complying or by filing a motion using the 4 16 form.

  • Misconception 6: The 4 16 form can be used for any type of subpoena.
  • This form is specifically designed for child support subpoenas. Other types of subpoenas may require different forms and procedures.

  • Misconception 7: You do not need an attorney to file the 4 16 form.
  • While it is possible to file the form without an attorney, legal representation can help navigate the complexities of family court and improve the chances of a successful outcome.

  • Misconception 8: You must have a court date set before filing the form.
  • The form can be filed regardless of whether a court date has been set. It serves as a notice of motion to address the subpoena in court.

  • Misconception 9: The affidavit included in the form is optional.
  • The affidavit is a critical component of the 4 16 form. It provides the court with necessary information to evaluate the motion and should be completed thoroughly.

Key takeaways

When dealing with the New York 4 16 form, understanding its purpose and proper usage is essential. Here are key takeaways to keep in mind:

  • The form is used to request a modification or quashing of a child support subpoena.
  • It is crucial to provide accurate information about the person whose records are being sought.
  • Ensure that all necessary details about the issuing agency are included, such as the name and address.
  • The motion must be supported by an affidavit that outlines the reasons for the request.
  • Filing the form requires attention to deadlines; be aware of the court's schedule for hearings.
  • Both the applicant and their attorney (if applicable) must sign the form, ensuring accountability.
  • Make copies of the completed form and any attachments for your records before submission.
  • Consider seeking legal assistance to navigate the process effectively and increase the chances of a favorable outcome.