Free F.C.A. §451, 548 Form 5-17b (Paternity-- Affidavit in Support of Motion to Vac... - New York

F.C.A. §451, 548

Form 5-17b (Paternity-- Affidavit in Support of Motion to Vacate Judgment for Lack of Service) (9/2006) FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ........................................................................................... In the Matter of a Proceeding under Article 5 of the DOCKET NO. Family Court Act, AFFIDAVIT IN SUPPORT OF Petitioner MOTION TO VACATE S.S.# FOR LACK OF SERVICE -againstRespondent S.S.# ............................................................................................ STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) I, [specify name]: , [check if applicable]: G an attorney duly admitted to practice law in the State of New York, G swear G affirm the following to be true under the penalties of perjury: 1. I am: , the Respondent in the above-entitled action. I make this affidavit in support of the motion for an Order vacating the [check applicable box(es)]: G Order of Filiation G Order of Child Support , entered by this Court on [specify date(s)]: , for the support of the following child(ren)[specify]: A copy of the G Order of Filiation G Order of Child Support is attached. 2. I did not appear in Court on the date the Order was issued because I had not been served with a summons or petition and I had no notice of the proceedings. 3. I did not make this motion earlier because [specify reasons, if any]: 4. If I had appeared in court I would have presented the following valid defense to the paternity petition [briefly summarize defense]:

5. No previous application has been made to any court or judge for the relief herein requested (except [specify]:

WHEREFORE, I respectfully request that the G Order of Filiation G Order of Child Support entered by this Court on [specify date]: be vacated and that this Court

Form 5-17b grant such other and further relief as it may deem proper. Dated , . ______________________________________ Signature of Applicant ______________________________________ Print or Type Name Sworn to before me this day of ,

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(Deputy) Clerk of the Court Notary Public _____________________________________ Signature of Attorney, if any ______________________________________ Attorney's Name (print or type) ______________________________________ ______________________________________ Attorney's Address and Telephone Number