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A08298 Summary:

BILL NOA08298
 
SAME ASSAME AS S08176
 
SPONSORCarroll P
 
COSPNSR
 
MLTSPNSR
 
Amd §§439 & 1113, Fam Ct Act
 
Relates to the time limit for appeals in all categories of family court cases and the filing of objections to support magistrate determinations in child support, paternity and parentage proceedings in family court.
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A08298 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8298
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 12, 2025
                                       ___________
 
        Introduced  by  M.  of A. P. CARROLL -- (at request of the Unified Court
          System) -- read once and referred to the Committee on Judiciary
 
        AN ACT to amend the family court act, in relation to the time limit  for
          appeals  in all categories of family court cases and for the filing of
          objections to support  magistrate  determinations  in  child  support,
          paternity and parentage proceedings in family court
 
          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] arrange for the service by a non-
    16  party over the age of eighteen of a copy of  such  objections  upon  the
    17  opposing party, who shall have thirteen days from such service to [serve
    18  and]  file  a written rebuttal to such objections, which shall be served
    19  by a non-party over the age of eighteen upon the other party.  Proof  of
    20  service  upon  the  opposing  party shall be filed with the court at the
    21  time of filing of objections and any rebuttal. Within [fifteen]  thirty-
    22  five  days after the [rebuttal] objection is filed, [or the time to file
    23  such rebuttal has expired, whichever is applicable,]  the  judge,  based
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08846-01-5

        A. 8298                             2
 
     1  upon  a  review  of  the  objections and the rebuttal, if any, shall (i)
     2  remand one or more issues of fact to the support magistrate, (ii)  make,
     3  with  or  without  holding  a  new hearing, [his or her] the judge's own
     4  findings of fact and order, or (iii) deny the objections. Pending review
     5  of  the  objections  and  the rebuttal, if any, the order of the support
     6  magistrate shall be in full force and effect and no stay of  such  order
     7  shall  be  granted. In the event a new order is issued, payments made by
     8  the respondent in excess of the new order shall be applied as  a  credit
     9  to  future support obligations. The final order of a support magistrate,
    10  after objections and the rebuttal, if  any,  have  been  reviewed  by  a
    11  judge, may be appealed pursuant to article eleven of this act.
    12    § 2. Section 1113 of the family court act, as amended by chapter 41 of
    13  the laws of 2010, is amended to read as follows:
    14    §  1113. Time of appeal. An appeal under this article must be taken no
    15  later than thirty days after the service  by  a  party  or  the  child's
    16  attorney upon the appellant of any order from which the appeal is taken,
    17  thirty days from receipt of the order by the appellant in court or thir-
    18  ty-five days from the mailing or electronic transmission of the order to
    19  the appellant by the clerk of the court, whichever is earliest.
    20    All  such  orders shall contain the following statement in conspicuous
    21  print: "Pursuant to section 1113 of the family court act, an appeal must
    22  be taken within thirty days of receipt of  the  order  by  appellant  in
    23  court,  thirty-five days from the mailing  or electronic transmission of
    24  the order to the appellant by the clerk of the  court,  or  thirty  days
    25  after  service  by a party or attorney for the child upon the appellant,
    26  whichever is earliest." When service of the order is made by the  court,
    27  the  time to take an appeal shall not commence unless the order contains
    28  such statement and there is an official notation in the court record  as
    29  to the date and the manner of service of the order.
    30    § 3. This act shall take effect on the one hundred twentieth day after
    31  it shall have become a law.
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