Legislation
SECTION 542
Order of filiation
Family Court Act (FCT) CHAPTER 686, ARTICLE 5, PART 4
§ 542. Order of filiation. (a) If the court finds the male party is
the father of the child, it shall make an order of filiation, declaring
paternity. Such order shall contain the social security number of the
declared father.
(b) If the respondent willfully fails to appear before the court
subsequent to the administration and analysis of a genetic marker test
or DNA test administered pursuant to sections four hundred eighteen and
five hundred thirty-two of this act or section one hundred eleven-k of
the social services law, and if such test does not exclude the
respondent as being the father of the child or the court determines that
there exists clear and convincing evidence of paternity, the court shall
enter an order of temporary support notwithstanding that paternity of
such child has not been established nor an order of filiation entered
against the respondent. The respondent shall be prospectively relieved
from liability for support under such order of temporary support upon
the respondent's appearance before the court.
(c) If the respondent willfully fails to comply with an order made by
either the court pursuant to sections four hundred eighteen and five
hundred thirty-two of this act or by a social services official or
designee pursuant to section one hundred eleven-k of the social services
law, and willfully fails to appear before the court when otherwise
required, the court shall enter an order of temporary support
notwithstanding that paternity of the subject child has not been
established nor an order of filiation entered against the respondent.
The respondent shall be prospectively relieved from liability for
support under such order of temporary support upon the respondent's
compliance with such order and subsequent appearance before the court.
the father of the child, it shall make an order of filiation, declaring
paternity. Such order shall contain the social security number of the
declared father.
(b) If the respondent willfully fails to appear before the court
subsequent to the administration and analysis of a genetic marker test
or DNA test administered pursuant to sections four hundred eighteen and
five hundred thirty-two of this act or section one hundred eleven-k of
the social services law, and if such test does not exclude the
respondent as being the father of the child or the court determines that
there exists clear and convincing evidence of paternity, the court shall
enter an order of temporary support notwithstanding that paternity of
such child has not been established nor an order of filiation entered
against the respondent. The respondent shall be prospectively relieved
from liability for support under such order of temporary support upon
the respondent's appearance before the court.
(c) If the respondent willfully fails to comply with an order made by
either the court pursuant to sections four hundred eighteen and five
hundred thirty-two of this act or by a social services official or
designee pursuant to section one hundred eleven-k of the social services
law, and willfully fails to appear before the court when otherwise
required, the court shall enter an order of temporary support
notwithstanding that paternity of the subject child has not been
established nor an order of filiation entered against the respondent.
The respondent shall be prospectively relieved from liability for
support under such order of temporary support upon the respondent's
compliance with such order and subsequent appearance before the court.