NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIMINAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPENSION OF YOUR DRIVER’S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPOSITION OF REAL OR PERSONAL PROPERTY LIENS. SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER. Obligation Summary Althea S Drysdale Ernest Brown Method Basic Payment $416.00 monthly SCU Unreimbursed Health Related, Health Insurance Premium and Child Care 82 percent 18 percent Direct ORDER MODIFYING AN ORDER OF SUPPORT AFTER HEARING SEE FINDINGS OF FACT Ernest Brown filed a petition in this Court on February 27, 2023 seeking to modify an order, dated May 15, 2013, made by the Suffolk County Family Court which granted support for: Name Date of Birth Social Security Number Abigail Drysdale June 28, 2012 XXX-XX-8304 Althea S Drysdale appeared before this Court to answer the petition, and the unrepresented parties, if any, were advised by the Court of the right to counsel; And there has been a change of circumstances since the entry of the order which makes the modification of the order necessary and proper; NOW, after examination and inquiry into the facts and circumstances of the case, and after hearing the proofs and testimony offered in relation thereto, the Court finds that: Ernest Brown is the non-custodial party, whose pro rata share of the basic child support obligation is $492.00 monthly for the following child: Name Date of Birth Abigail Drysdale June 28, 2012 The parties have been advised of the provisions of Section 413(1) of the Family Court Act and the unrepresented parties, if any, have received a copy of the child support standards chart promulgated by the Commissioner of the N.Y.S. Office of Temporary and Disability Assistance pursuant to Section 111-i of the Social Services Law; Upon consideration of the following factors specified in Family Court Act §413(1)(f), Ernest Brown’s pro rata share of the basic child support obligation would be unjust and/or inappropriate for the following reason: Respondent’s income is above the income cap by itself. Petitioner is in receipt of Social Security Disability benefits. Neither party presented evidence warranting a calculation of child support on income above the income cap pursuant to Family Court Act section 413(1)(f); IT IS HEREBY ORDERED AND ADJUDGED that retroactive to February 27, 2023, Ernest Brown is chargeable with the support of Abigail Drysdale and is possessed of sufficient means and ability to earn such means to provide the payment of the sum of $416.00 monthly to Althea S Drysdale payable through the Support Collection Unit, such payments to commence on March 1, 2024; IT IS FURTHER ORDERED that the Child Support Enforcement Bureau shall recalculate and enforce the arrears; IT IS FURTHER ORDERED that Althea S Drysdale shall pay 82 percent and Ernest Brown shall pay 18 percent of the unreimbursed health related, health insurance premium and child care expense for the child for whom support is ordered, direct pay between the parties; IT IS FURTHER ORDERED that all payments payable through the Support Collection Unit shall be made by check or money order payable to and mailed to: NYS Child Support Processing Center, PO Box 15363, Albany, NY 12212-5363. The county name and New York Case Identifier number (CSMS #BT77629G1) for the matter must be included with the payment for identification purposes; IT IS FURTHER ORDERED that the payor, custodial party and any other individual parties immediately notify the Support Collection Unit of any changes in the following information: residential and mailing addresses, social security number, telephone number, driver’s license number; and name, address and telephone numbers of the parties’ employers; IT IS ADJUDGED that health insurance availability for each party is as follows: For Althea S Drysdale, health insurance is available through an employer or organization. For Ernest Brown, health insurance is not offered through an employer or organization. IT IS THEREFORE ORDERED that Althea S Drysdale continue the following dependents under the below-named plan as long as it remains available: Dependents Health Insurance Plan Benefits Abigail Drysdale Current available plan Medical IT IS FURTHER ORDERED that such coverage shall include all plans covering the health, medical, dental, optical and prescription drug needs of the dependents named above and any other health care services or benefits for which the legally-responsible relative is eligible for the benefit of such dependents; provided, however, that the group health plan is not required to provide any type or form of benefit or option not otherwise provided under the group health plan except to the extent necessary to meet the requirements of Section 1396(g-1) of Title 42 of the United States Code. The legally-responsible relative(s) shall assign all insurance reimbursement payments for health care expenses incurred for his/her eligible dependent(s) to the provider of such services or the party having actually incurred and satisfied such expenses, as appropriate; IT IS FURTHER ORDERED that the parties shall execute and deliver to each other any forms, documents, or instruments to assure timely payment of any health insurance claim for the child; IT IS FURTHER ORDERED that the legally-responsible relative(s) immediately notify the other party and the Support Collection Unit of any change in health insurance benefits, including any termination of benefits, change in the health insurance benefit carrier or premium, or extent and availability of existing or new benefits; IT IS FURTHER ORDERED that upon a finding that the above-named legally-responsible relative(s) willfully failed to obtain health insurance benefits as ordered, such relative(s) will be presumptively liable for all health care expenses incurred on behalf of the above-named dependent(s) from the first date such dependent(s) was/were eligible to be enrolled to receive health insurance benefits after the issuance of such order or execution directing the acquisition of such coverage; IT IS FURTHER ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law and Rules, or in any other manner provided by law. Dated: February 2, 2024 Check applicable box: X Order mailed on [specify date(s) and to whom mailed]: CSEB,Attys,Petr.,Resp. Order received in court on [specify date(s) and to whom given]: INFORMATION CONCERNING COST OF LIVING ADJUSTMENTS AND MODIFICATIONS NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT. (2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS. (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS TO WHICH AN ADJUSTED ORDER CAN BE SENT, AS REQUIRED BY SECTION 443 OF THE FAMILY COURT ACT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. NOTE: EACH PARTY HAS A RIGHT TO SEEK A MODIFICATION OF THE CHILD SUPPORT ORDER UPON A SHOWING OF: (I) A SUBSTANTIAL CHANGE IN CIRCUMSTANCES; OR (II) THAT THREE YEARS HAVE PASSED SINCE THE ORDER WAS ENTERED, LAST MODIFIED OR ADJUSTED; OR (III) THERE HAS BEEN A CHANGE IN EITHER PARTY’S GROSS INCOME BY FIFTEEN PERCENT OR MORE SINCE THE ORDER WAS ENTERED, LAST MODIFIED, OR ADJUSTED; HOWEVER, IF THE PARTIES HAVE SPECIFICALLY OPTED OUT OF SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH IN A VALIDLY EXECUTED AGREEMENT OR STIPULATION, THEN THAT BASIS TO SEEK MODIFICATION DOES NOT APPLY.
