Understanding the New York 4-16 form, formally recognized under sections of the Family Court Act, Social Services Law, and the Civil Practice Law and Rules, is crucial for individuals navigating child support proceedings. This form serves as a legal document filed in the Family Court of the State of New York, in any county, to challenge, amend, or modify the conditions of a child support subpoena. Its primary function is to protect the rights of those whose records are sought, offering a structured way to contest the reach or stipulations of a subpoena issued by an agency. With sections dedicated to the notice of motion, affidavits in support, and precise instructions for its use, the form constitutes a critical procedural step. It requires detailed information about the proceeding, the nature of the subpoena, and the specific grievances of the applicant against the directives of the subpoena. Legal representatives or the individuals concerned must provide compelling reasons for the court to consider quashing, fixing, or modifying the subpoena’s conditions. The form embodies the legal framework's flexibility, allowing for a fair assessment of the subpoena's impact on the person it targets, ensuring that the support proceedings remain just and do not unduly infringe on anyone's rights.
| Question | Answer |
|---|---|
| Form Name | New York Form 4 16 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | Quash, cplr 4518 form, specify, Notary |
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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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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.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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(Deputy) Clerk of the Court
Notary Public