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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46415 Judge Kohout A SUPPORT MAGISTRATE (SM) declared respondent father in default after failing to respond to documents mailed to him in San Diego, Calif., in connection with the mother’s petition for increased child support. The court ruled that the SM missapplied Family Court Act �443 by improperly considering the petition to be a “subsequent proceeding” rather than a new action, thus obviating compliance with notice and service requirements of FCA ��426 and 427. Observing that FCA �443′s notice-by-mail provisions vary significantly from those in the Social Security Act, the court, citing Zivkovic v. Zivkovic, noted that �443′s ordinary mail notice provisions do not comport with due process standards for child support actions. Finding that FCA Article 4 treats a modification petition as a separate action, the court concluded that petitioner was required to file a new, separate action, which, under FCA �426, required issuance of a new summons and service on respondent in a manner permitted by FCA �427.

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