§ 580-903. Effective date. This article shall take effect on January first, two thousand sixteen; provided, however, that if it shall become a law after January first, two thousand sixteen, it shall be deemed to have been in full force and effect on and after January first, two thousand sixteen; and provided further, that the provisions of this article shall apply to any action or proceeding filed or order issued on or before the effective date of this article.
The article took effect January 1, 2016 (retroactive to that date if enacted later), and applies to any action/proceeding filed or order issued on or before the effective date. ★
★ Exam hits:
NY's tribunal = the Family Court (§ 580-103); enforcement agencies = OTDA / local social services district. The article's name is UIFSA (§ 580-101).
"Home state" = child lived with a parent for at least 6 consecutive months before filing (temporary absences count) (§ 580-102).
Continuing, exclusive jurisdiction (CEJ): one controlling order at a time; child-support CEJ stays with the issuing state while a party/child resides there or by consent (§ 580-205). Spousal-support modification jurisdiction stays permanently with the issuing state (§ 580-211).
Controlling-order tie-breaker: one order → it controls; multiple → current home state's order, else most recent; none with CEJ → NY issues one. File a certified copy within 30 days (§§ 580-207, 580-614).
Petitioner pays NO filing fee (§ 580-313). A petitioner in NY for the case is immune from civil process (§ 580-314). Spousal-communication privilege does not apply (§ 580-316).
Registration to enforce: send two copies (one certified) + sworn arrears statement (§ 580-602). NY enforces but cannot modify a registered order that had jurisdiction (§ 580-603). Contest within 20 days or the order is confirmed by operation of law (§§ 580-605, 580-606); confirmation bars later contest (§ 580-608).
Arrears: apply the longer statute of limitations, NY's or the issuing state's (§ 580-604).
Out-of-state income withholding order goes directly to the NY employer without registering; employer treats it as a NY order and follows the principal-place-of-employment state's law for fees/max/timing (§§ 580-501, 580-502).
Convention (Part 7) controls over Parts 1–6 when inconsistent (§ 580-702); contest within 30 days (60 if outside the U.S.) (§ 580-707); a closed list of refusal grounds (§ 580-708).
Rendition: governor may require proof the obligee started a support proceeding at least 60 days earlier (§ 580-802). Effective date: January 1, 2016 (§ 580-903).
Verbatim statute: FCA - Article 5B
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.