LEGAL UPDATES
Changes in legislation may affect new or ongoing cases. The most recent changes in New York State family law are listed below.
Orders of Protection
On July 22, 2008 Governor Paterson signed into law a bill that expands
access to civil orders of protection. The law was effective as of his
date of signing.
The new law allows those in an “intimate relationship”, including dating couples, same-sex couples, and teen-age couples, to petition in Family Court for an order of protection.
It is up to the judge to determine whether or not the “intimate relationship” qualifies for a civil order of protection. Factors the court can consider include (but are not limited to):
- The nature or type of relationship (regardless of whether or not the relationship is sexual in nature)
- Frequency of interaction between the parties
- The duration of the relationship
Parties do not have to have ever lived together to be considered to be in an "intimate relationship.” “Intimate relationship” is not meant to include those who are casual social or business acquaintances.
Petitioners will have to describe the “intimate relationship” on their petition.
Child Support
Starting October 1, 2008, the pass-through of child support received by
the State on behalf of a public assistance recipient will be increased
from $50 to $100. For two or more children, the pass through will be raised
to $200, starting on January 1, 2010.
Starting this year, the state will charge an annual service fee of $25 for each child support case in which $500 has been collected during the fiscal year running from October 1 – September 30. The fee only applies to custodial parent who are not on public assistance, but have used child support collection services.
[Last updated on August 13, 2008]
