Bindinglaw

NY · rules

22 NYCRR 205.39

Authority of probation when there is a failure to obey a lawful order of the court (support)

activein force · 2026-09-16 – presentact-effective-date

(a) The probation service, at the request of the petitioner, is authorized to confer with the respondent and the petitioner whenever any respondent fails to obey a lawful order of the court made under article 4 of the Family Court Act or an order of support made under article 5 of the Family Court Act concerning the existence of the violation, the reason for it and the likelihood that there will be compliance in the future. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition to enforce compliance.

(b) Before holding any conference pursuant to subdivision (a) of this section:

(1) the probation service shall notify the respondent in writing that:

(i) the probation service is willing to confer with the respondent and must hear from the respondent within seven days if a conference is to be held; and

(ii) the petitioner is entitled to petition the court to enforce compliance with the order;

(2) a copy of this notice shall be furnished to the petitioner; and

(3) if the respondent does not communicate with the probation service within seven days, the probation service shall advise the petitioner that he or she may petition the court to enforce compliance with the order.

(c) If, at a conference held pursuant to subdivision (a) of this section, it shall appear to the probation service that the failure to comply with the order was not willful and that there is a substantial likelihood that compliance with the order will result, the probation service is authorized to adjust the matter informally. An existing order may not be modified by informal adjustment without the filing of a petition for such modification and the approval of the court thereof. Efforts at adjustment pursuant to this subdivision shall not extend beyond the conference held pursuant to subdivision (a) of this section.

(d) The probation service is not authorized to, and shall not, discuss with the petitioner or the respondent:

(1) the advisability or likely outcome of filing a petition to enforce compliance with the order; or

(2) the amount of arrears that would be awarded or cancelled by the court if a petition to enforce the order were filed.

Provenance

Source
nycourts.gov
Retrieved
2026-09-17
Edition
2026-09-16
Content hash
6531f18a0e048a61e98ccd275fcef95c08a9481d6c5b8c79460b729aaf8d3586
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.