Assembly Bill A10345

Signed By Governor
2011-2012 Legislative Session

Relates to the authority of support magistrates in family court to adjudicate child support license suspension proceedings

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A10345 (ACTIVE) - Details

See Senate Version of this Bill:
S7579
Law Section:
Family Court Act
Laws Affected:
Amd §§439 & 454, Fam Ct Act

2011-A10345 (ACTIVE) - Summary

Relates to the authority of support magistrates in family court to adjudicate child support license suspension proceedings.

2011-A10345 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10345

                          I N  A S S E M B L Y

                              May 23, 2012
                               ___________

Introduced by M. of A. O'DONNELL, WEINSTEIN -- (at request of the Office
  of Court Administration) -- read once and referred to the Committee on
  Judiciary

AN  ACT  to  amend the family court act, in relation to the authority of
  support magistrates  in  family  court  to  adjudicate  child  support
  license suspension proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 439 of the family court act,  as
amended  by  section 1 of chapter 576 of the laws of 2005, is amended to
read as follows:
  (a) The chief administrator of the courts shall provide, in accordance
with subdivision (f) of this section, for the appointment  of  a  suffi-
cient  number  of  support  magistrates  to  hear  and determine support
proceedings. Except as hereinafter provided, support  magistrates  shall
be  empowered  to hear, determine and grant any relief within the powers
of the court in  any  proceeding  under  this  article,  articles  five,
five-A,  and five-B and sections two hundred thirty-four and two hundred
thirty-five of this act, and objections raised pursuant to section  five
thousand  two  hundred  forty-one  of  the civil practice law and rules.
Support magistrates shall not be empowered to hear, determine and  grant
any  relief  with  respect  to  issues specified in [subdivision five of
section four hundred fifty-four or] section four hundred  fifty-five  of
this  [act]  ARTICLE,  issues of contested paternity involving claims of
equitable  estoppel,  custody,  visitation  including  visitation  as  a
defense,  and  orders of protection or exclusive possession of the home,
which shall be referred to a judge as provided in subdivision (b) or (c)
of this section. Where an order of filiation is issued by a judge  in  a
paternity  proceeding  and  child  support  is  in  issue, the judge, or
support magistrate upon referral from the judge, shall be authorized  to
immediately make a temporary or final order of support, as applicable. A
support  magistrate  shall have the authority to hear and decide motions
and issue summonses and subpoenas to produce persons pursuant to section
one hundred fifty-three of this act, hear  and  decide  proceedings  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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