Bill Text: NY S09712 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the filing of objections to support magistrate determinations in child support, paternity and parentage proceedings in family court and to the time-limit for appeals in all categories of family court cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-04 - referred to judiciary [S09712 Detail]

Download: New_York-2023-S09712-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9712

                    IN SENATE

                                      May 22, 2024
                                       ___________

        Introduced  by Sen. PERSAUD -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed to the Committee on Judiciary

        AN  ACT  to  amend  the  family  court act, in relation to the filing of
          objections to support  magistrate  determinations  in  child  support,
          paternity  and  parentage proceedings in family court and to the time-
          limit for appeals in all categories of family court cases

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivision (e) of section 439 of the family court act, as
     2  amended  by  chapter  336  of  the  laws  of 2004, is amended to read as
     3  follows:
     4    (e) The determination of a support magistrate shall  include  findings
     5  of  fact  and,  except  with  respect  to  a  determination of a willful
     6  violation of an order under subdivision three of  section  four  hundred
     7  fifty-four  of  this article where commitment is recommended as provided
     8  in subdivision (a) of this section, a final order which shall be entered
     9  and transmitted to the parties. Specific written objections to  a  final
    10  order  of  a  support  magistrate  may be filed by either party with the
    11  court within thirty days after receipt of  the  order  in  court  or  by
    12  personal  service, or, if the objecting party or parties did not receive
    13  the order in court or by personal service, thirty-five days after  mail-
    14  ing  or electronic transmission of the order to such party or parties. A
    15  party filing objections shall serve a copy of such objections  upon  the
    16  opposing  party, who shall have thirteen days from such service to serve
    17  and file a written rebuttal to such objections. Proof  of  service  upon
    18  the  opposing  party shall be filed with the court at the time of filing
    19  of objections and any rebuttal. Within fifteen days after  the  rebuttal
    20  is  filed,  or  the time to file such rebuttal has expired, whichever is
    21  applicable, the judge, based upon a review of  the  objections  and  the
    22  rebuttal,  if  any,  shall  (i) remand one or more issues of fact to the
    23  support magistrate, (ii) make, with or without holding  a  new  hearing,
    24  his or her own findings of fact and order, or (iii) deny the objections.
    25  Pending  review of the objections and the rebuttal, if any, the order of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09738-01-3
        S. 9712                             2

     1  the support magistrate shall be in full force and effect and no stay  of
     2  such  order  shall  be  granted.  In  the  event  a new order is issued,
     3  payments made by the respondent in excess of  the  new  order  shall  be
     4  applied  as a credit to future support obligations. The final order of a
     5  support magistrate, after objections and the rebuttal, if any, have been
     6  reviewed by a judge, may be appealed pursuant to article eleven of  this
     7  act.
     8    § 2. Section 1113 of the family court act, as amended by chapter 41 of
     9  the laws of 2010, is amended to read as follows:
    10    §  1113. Time of appeal. An appeal under this article must be taken no
    11  later than thirty days after the service  by  a  party  or  the  child's
    12  attorney upon the appellant of any order from which the appeal is taken,
    13  thirty days from receipt of the order by the appellant in court or thir-
    14  ty-five days from the mailing or electronic transmission of the order to
    15  the appellant by the clerk of the court, whichever is earliest.
    16    All  such  orders shall contain the following statement in conspicuous
    17  print: "Pursuant to section 1113 of the family court act, an appeal must
    18  be taken within thirty days of receipt of  the  order  by  appellant  in
    19  court,  thirty-five days from the mailing  or electronic transmission of
    20  the order to the appellant by the clerk of the  court,  or  thirty  days
    21  after  service  by a party or attorney for the child upon the appellant,
    22  whichever is earliest." When service of the order is made by the  court,
    23  the  time to take an appeal shall not commence unless the order contains
    24  such statement and there is an official notation in the court record  as
    25  to the date and the manner of service of the order.
    26    § 3. This act shall take effect on the one hundred twentieth day after
    27  it shall have become a law.