The Family Court of the State of New York plays a crucial role in matters relating to family dynamics, particularly in the enforcement of child support obligations. A significant aspect of this legal landscape is captured in Form 4-25b—officially known as Affidavit in Support of Motion to Vacate for Lack of Service under Section 451 of the Family Court Act. This document provides a procedural pathway for respondents, sometimes represented by an attorney, to challenge the enforcement of a child support order on the grounds of not being properly served with court summons or petition, which informed them of the legal proceedings impacting their obligations. The affidavit demands a detailed account from the respondent, including the reason for their absence at the initial proceedings, a timeline explaining the delay in filing the motion to vacate, and any potential defense against the child support petition that could have been presented had the respondent been aware of or present at the hearing. Essential to this process is the attachment of the order of support in question, alongside a truthful declaration of the respondent's situation under the penalty of perjury. Therefore, Form 4-25b serves not only as a critical instrument for ensuring fairness and due process are upheld in the adjudication of child support matters but also as a safeguard for those claiming a lack of proper notification about the actions that affect them.
| Question | Answer |
|---|---|
| Form Name | Form 4 25B |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | 4 25b new york state child support petition fillable pdf form |
F.C.A. §451 |
Form |
(Child Support |
|
to Vacate for Lack of Service) |
|
|
(8/2010) |
FAMILY COURT OF THE STATE OF NEW YORK |
|
COUNTY OF |
|
........................................................................................... |
|
In the Matter of a Proceeding under Article 4 of the |
DOCKET NO. |
Family Court Act, |
|
|
AFFIDAVIT IN SUPPORT OF |
Petitioner |
MOTION TO VACATE |
|
FOR LACK OF SERVICE |
|
|
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Respondent |
............................................................................................ |
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STATE OF NEW YORK |
) |
|
) ss.: |
COUNTY OF NEW YORK |
) |
I, [specify name]: |
, [check if applicable]: G an attorney duly |
admitted to practice law in the State of New York, G swear G affirm the following to be true under the penalties of perjury:
1. I am: |
, the Respondent in the |
make this affidavit in support of the |
motion for an Order vacating the Order of Support, entered by |
this Court on [specify date]: |
, for the support of the following |
child(ren)[specify]: |
|
A copy of the Order of Support is attached.
2.I did not appear in Court on the date the Order was issued because I had not been served with a summons or petition and I had no notice of the proceedings.
3.I did not make this motion earlier because [specify reasons, if any]:
4.If I had appeared in court I would have presented the following valid defense to the child support petition [briefly summarize defense]:
5.No previous application has been made to any court or judge for the relief herein requested (except [specify]:
WHEREFORE, |
I respectfully request that the Order of Support entered by this Court on |
|
[specify date]: |
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be vacated and that this Court grant such other and further |
relief as it may deem proper. |
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|
Dated |
, |
. |
Form
______________________________________
Applicant
______________________________________
Print or Type Name
Sworn to before me this
day of |
, |
(Deputy) Clerk of the Court
Notary Public
_____________________________________
Signature of Attorney, if any
______________________________________
Attorney’s Name (print or type)
______________________________________
______________________________________
Attorney’s Address and Telephone Number